Disney+ Gift Card Australia Terms and Conditions

Effective Date: January 30, 2025

The following Terms and Conditions (“Agreement”) describe the terms and conditions that apply to the use of Disney+ Gift Cards (“Gift Cards”) that are sold or issued in Australia, as well as the credits for which the Gift Cards are redeemable (“Gift Card Credits”) as described herein (collectively, “Cards”).  This Agreement is between you, the holder of a Card (the “Cardholder”, “you” and “your”), and The Walt Disney Company (Australia) Pty Ltd (the “Issuer”).  Please read this Agreement carefully because it governs eligibility for, and use of, Cards. By purchasing, accepting, or using your Card, you agree to be bound by this Agreement.  If you do not agree with this Agreement, do not purchase, use, or accept the Card.

1. About the Cards. The Cards are issued by the Issuer.  The Cards are redeemable solely for Gift Card Credits which can be applied toward only monthly or annual subscriptions (each a “Subscription”) to Disney+ in Australia (the “Disney+ Service”) purchased directly from Disney+ on disneyplus.com, or as otherwise indicated at disneyplus.com/gift.  Gift Card Credits may not be applied to an Extra Member account associated with a Subscription. The Cards are not redeemable by a person outside of Australia. The Issuer is responsible for the operation and maintenance of the Card program.  The Issuer is the sole legal obligor to the Cardholder; provided, however, that the Issuer may assign or novate its obligations with respect to the Cards at any time (and you agree to sign any document required to give effect to such assignment or novation), in which case such assignee or novatee shall become the Issuer and sole legal obligor to the Cardholder.  The Walt Disney Company (“TWDC”) and its affiliates (other than the Issuer) bear no responsibility or liability for the Cards, and you hereby knowingly release TWDC and its affiliates (other than the Issuer) from any and all liability or claims of any nature whatsoever arising in connection with the Cards.  The Cards are not debit cards or credit cards.

2. Issuance and Redemption of the Cards. Gift Cards may be purchased at select retailers, disneyplus.com/giftcard, or such other locations as the Issuer may determine in its sole discretion.  Any new eligible subscriber to the Disney+ Service (such subscriber, the “New Disney+ Redeemer”) may redeem a Gift Card by visiting disneyplus.com/gift.   Any existing eligible subscriber to the Disney+ Service (such subscriber, the “Existing Disney+ Redeemer”) may redeem a Gift Card by logging into the Disney+ Service and adding the Gift Card as a method of payment for their account, or by visiting disneyplus.com/gift. The Disney+ Service is integrated with “MyDisney”, which allows you to use a single email and password to sign in to a range of products and experiences across The Walt Disney Family of Companies.  Both a New Disney+ Redeemer and an Existing Disney+ Redeemer (each a “Disney+ Redeemer”) must register for a MyDisney account or log in to an existing MyDisney account in order to subscribe to the Disney+ Service. When you sign up for a MyDisney account, you agree to The Walt Disney Company Terms of Use, which can be found at disneytermsofuse.com. Your email address and password to login to the Disney+ Service will be managed by MyDisney. In addition to registering for a MyDisney account, to be eligible to subscribe to the Disney+ Service you must be an individual resident of Australia, aged 18 or older and you must agree to the Disney+ Subscriber Agreement, the TWDC Privacy Policy and the Collection Statement for Australia and you ratify your agreement when you use any aspect of the Disney+ Service.

Upon redemption of a Gift Card for use with the Disney+ Service, a Disney+ Redeemer will receive a Gift Card Credit equal to the value of the Gift Card.  The Disney+ Redeemer’s Gift Card will be fully redeemed immediately upon conversion to Gift Card Credit.  The Gift Card Credit may be applied only toward a Subscription of the Disney+ Service if the amount of the Gift Card Credit equals or exceeds the then-current retail price of such Disney+ Service at the time of redemption.

At the beginning of each subscription billing term (the first date of such billing term, the “Billing Date”), the Gift Card Credit will be debited against the price of the Subscription as of the Billing Date, in addition to any applicable taxes and fees until the Gift Card Credit is fully exhausted.  In the event that the remaining Gift Card Credit on the Billing Date is insufficient to cover the cost of the full Subscription billing term, the Disney+ Redeemer will receive access to Disney+ for a pro rata portion of the Subscription billing term based on the price of the Subscription on the Billing Date.

Once the Gift Card Credit has been reduced to zero, the Disney+ Redeemer will lose access to the Subscription and the Disney+ Redeemer’s Subscription will be terminated, unless the Disney+ Redeemer provides or has previously provided a valid credit card or other valid payment method accepted by Disney+ (“Payment Method”).  If provided, Disney+ Redeemer’s Payment Method will be charged the then-current price of the Subscription on an auto-recurring basis for continued access to the Subscription (including applicable taxes and fees) after the Gift Card Credit is fully exhausted. If the Disney+ Redeemer has elected to cancel their Subscription before the Gift Card Credit is fully exhausted, their Payment Method will not be charged for such Subscription and cancellation shall become effective when the Gift Card Credit is fully exhausted. A Disney+ Redeemer may change Payment Method information or cancel a Subscription by logging into their Disney+ Account.

Gift Card Credits are not refundable or redeemable for cash unless required by applicable law and cannot be transferred back to the Gift Card redeemed for such Gift Card Credits.

While Gift Card Credits are currently applied toward a Subscription, a Disney+ Redeemer may not be offered the ability to pause the Subscription.

3. No Cash Redemption. The Cards have no cash value and may not be redeemed for cash except as required by applicable law.

4. Single-Use Only; Not Combinable with Other Offers. The redemption code on a Gift Card is for a one-time use only.  Except as otherwise permitted, the redemption of the Gift Card for Gift Card Credits, and the redemption of Gift Card Credits for a Subscription, may not be combined with any other offers, coupons, discounts or promotions.  

5. Non-Payment. The Issuer reserves the right to refuse to honour any Card in the event of a disputed credit card charge, bounced cheque or other failure of consideration.

6. No Expiration; No Fees. The Cards do not expire.  No activation, inactivity, service, or maintenance fees apply to any Card. For the avoidance of doubt, the Cardholder is responsible for all third party Internet access charges in connection with the redemption of the Card and use of the Disney+ Service.

7. Refunds. The Cards are not refundable except as required by applicable law.

8. No Resale or Transfer. The Cards may not be resold or transferred without the Issuer’s express written authorization.  A Gift Card is not valid and will not be honoured, and the Issuer will not be liable for the value of the Card, if the Card is obtained from an unauthorized seller or reseller, including through any Internet auction site.

9. Lost or Stolen Cards. Upon the sale of a Gift Card to you or the transmission to your designated recipient, the risk of loss for your Gift Card passes to you. The Issuer is not responsible for lost or stolen Gift Cards.

10. Fraud. The Issuer reserves the right to refuse to honour a Card if the Issuer suspects that the Card was obtained fraudulently.

11. Dispute Resolution. You and Issuer agree to take all reasonable steps, including negotiation, to resolve, as provided below all Disputes between you (including any related Disputes involving TWDC or its affiliates) that are not resolved informally, except Disputes relation to the ownership or enforcement of intellectual property rights.  “Dispute” includes any dispute, action or other controversy, whether based on past, present or future events, between you and us concerning the Card or this Agreement, whether in contract, tort, warranty, statute, regulation or other legal or equitable basis. In the event of a Dispute, you or Issuer must first send to the other party a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualised claim, and the specific relief sought. You must send any Notice of Dispute to Issuer at Building 10, Level 3, 658 Church Street, Richmond Victoria 3121, Australia, Attention: Head of Legal. We will send any Notice of Dispute to you at the contact information that Issuer or its affiliate has for you. You and Issuer will attempt to resolve a Dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. This informal negotiation requires an individual meet-and-confer in person, telephonically, or via videoconference that addresses only the dispute between you and us.  After that 60 day period and not before, you or Issuer may commence an arbitration proceeding regarding that claim, You may instead litigate a Dispute in the small claims division of a state or federal court or tribunal in Victoria, Australia or, if you do not live in Victoria, in the Australian state or territory in which you reside ("Small Claims Forum") if the Dispute meets the requirements to be heard in a Small Claims Forum, whether or not you negotiate informally first or completed a dispute resolution conference. However, nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claim before, during, or after any dispute resolution conference. If you and Issuer do not resolve a Dispute by informal negotiation or do not litigate in a Small Claims Forum, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Commercial Arbitration Act 2011 (Vic) or equivalent legislation.  The arbitration shall be conducted by the Resolution Institute ("Resolution Institute") in accordance with the Resolution Institute Arbitration Rules ("Resolution Institute Rules") which are deemed to be incorporated by this clause. The Resolution Institute Rules and instructions about how to initiate an arbitration are available at https://www.resolution.institute or +61 2 9251 3366. The seat of arbitration shall be in Melbourne, Australia and the language of the arbitration will be English. Arbitration may be conducted in person, through the submission of documents, via telephone or online, to the extent permitted by the arbitrator and the Resolution Institute Rules. You and Issuer agree to submit to the exclusive jurisdiction of the federal or state courts located in the State of Victoria, Australia, in order to compel arbitration, to stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim and permitted by law. In accordance with the Resolution Institute Rules, the party initiating arbitration (either you or Issuer) is responsible for paying the filing fee.  However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of Issuer’s last written settlement offer; or (b) if Issuer did not make a settlement offer, then, in addition to paying any fee charged by the Resolution Institute and all professional fees for the arbitrator’s services, Issuer will reimburse you for the filing fees you incurred. Except as provided above with respect to jurisdiction in Victoria, Australia, nothing herein shall be construed as consent by Issuer or any of its affiliated entities to the jurisdiction of any court with regard to disputes, claims or controversies unrelated to the use of your Card or this Agreement.
12. Limitation of Liability.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS.  IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY, AND THE SOLE LIABILITY OF ISSUER AND ITS AFFILIATES, SHALL BE, AT YOUR ELECTION, A REFUND OR THE REPLACEMENT OF SUCH CARD.  CERTAIN LAWS INCLUDING SCHEDULE 2 TO THE COMPETITION AND CONSUMER ACT 2010 (CTH) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN REMEDIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

12. Governing Law. The laws of the State of Victoria shall govern this Agreement and the use of your Card.

13. Severance. Notwithstanding anything herein to the contrary, if any part of this Agreement is deemed invalid or inapplicable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable.  If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of the remainder of this Agreement, which shall be fully enforced.

14. Changes to Agreement. The Issuer reserves the right to modify, alter, change or amend this Agreement from time to time in its discretion, provided that, unless required by law, any such modification, alteration, change or amendment shall not adversely affect the use of your Card. Any such amendment will be effective thirty (30) days following our dispatch of a notice to you. If the amendment materially impacts your use or enjoyment of the Card, you may, by providing written notice to Issuer, terminate this Agreement and receive a refund, but only to the extent required by applicable law. The current version of this Agreement is available at https://disneyterms.com/audisneyplusgiftcard.

15. Survival. The provisions of this Agreement, which by their nature should survive the termination of this Agreement, shall survive such termination.

16. Entire Agreement. This Agreement and the provisions referenced herein, constitute the entire agreement between you and the Issuer pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.