Terms and Conditions for Disney+ Subscription Cards
The following Terms and
Conditions (“Agreement”) describe the terms and conditions that apply to the
use of
a.
Disney+
Subscription Gift Cards, being physical gift cards that are sold through approved
retail outlets in Australia (“Physical Cards”); and
b.
Disney+
Digital Subscription Cards, being digital gift cards that are sold or issued
online in Australia as described herein (“Digital Cards”),
(each of the Physical Cards and
Digital Cards a “Card” and collectively herein, “Cards”).
This Agreement is between you,
the purchaser and/or holder of a Card (the “Cardholder”), and The Walt Disney
Company (Australia) Pty Ltd (“Disney”). By purchasing, accepting or using
a 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. IMPORTANT:
This Agreement includes resolution of disputes by arbitration instead of in
court and a class action waiver.
1.
About
the Cards. Physical
Cards are issued by Blackhawk Network (Australia) Pty Ltd, or such other party
as appointed by Disney from time to time (the “Physical Card Issuer”). Digital
Cards are issued by Disney. Disney is responsible for the operation and
maintenance of the Cards program, except for Physical Cards prior to their
redemption, in which case the Physical Card Issuer maintains responsibility.
Disney is the sole legal obligor to Digital Cardholders and to Physical
Cardholders following redemption of the Physical Card; provided, however, that
Disney may novate its obligations with respect to the Cards at any time (and
you agree to sign any document required to give effect to such a novation), in
which case such novatee shall become the sole legal obligor to the Cardholders
to Digital Cardholders and to Physical Cardholders following redemption of the
Physical Card. The Walt Disney Company (“TWDC”) and its affiliates (other than
Disney) bear no responsibility or liability for the Cards, and you hereby
knowingly release TWDC and its affiliates (other than Disney) 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.
Purchase
of the Digital Cards.
By purchasing a Digital Card for issuance to and redemption by a Disney+
Redeemer (defined below in Item 3) who is a person other than the Cardholder,
the Cardholder warrants that they have the permission of that Disney+ Redeemer
to share their personal details with Disney for the purposes of facilitating
delivery of the Digital Card.
3.
Issuance
and Redemption of the Cards.
A.
The
Cards may only be purchased by Australian residents 18 years of age or older
at:
1.
Approved
retail outlets in Australia, for Physical Cards; and
2.
disneyplus.com/giftayear or such locations as
Disney may determine in its sole discretion for Digital Cards.
B.
Each
Card is redeemable only for an Australian subscription to the Premium tier of the Disney+ service (“Disney+ Services”) for a period
of three (3) or twelve (12) months. Each Card may be
redeemed only by a new subscriber to Disney+ Services who meets the eligibility
criteria in the applicable Subscriber Agreement. Any such new
subscriber (the “Disney+ Redeemer”) may redeem the Card by doing the following:
1.
For
Physical Cards: by following the directions on the back of the Card or by
visiting www.disneyplus.swapyourgiftcard.com.au and following the
directions.
2.
For
Digital Cards: by following the directions in the email in which the Card was
received or by visiting disneyplus.com/redeemcard and manually entering the
code received with the Card.
C.
The
Disney+ Redeemer must register for a Disney+ account (“Disney+ Account”) in
order to obtain Disney+ Services. Use of Disney+ Services is subject to
compliance with the applicable Disney+ Subscriber Agreement and the TWDC Privacy Policy. By using Disney+ Services, the
Disney+ Redeemer accepts and agrees to the Disney+ Subscriber Agreement and the TWDC Privacy Policy, both of which are incorporated
by reference herein. Upon redeeming the Card, the Disney+ Redeemer will
receive a Disney+ Account credit equal to three (3) or twelve (12) months of
Disney+ Services, as applicable. Following the provision of Disney+
Services for such three (3) or twelve (12) month period as applicable, the
Disney+ Redeemer’s further access to Disney+ Services will be terminated,
unless the Disney+ Redeemer adds their own payment details and agrees to
continue their subscription at the standard subscription rates applicable at
the end of that initial three (3) or twelve (12) month period as applicable.
The Disney+ Redeemer may cancel a Disney+ Account by logging into the Disney+
Redeemer’s Disney+ Account on disneyplus.com and clicking on Account.
4.
No
Cash Redemption. The
Cards have no cash value and may not be redeemed for cash except as required by
applicable law.
5.
Single-Use
Only; Not Combinable with Other Offers; Not Exchangeable. The Card is for a one-time use
only. The redemption of the Card may not be combined with any other
offers, coupons, discounts or promotions. The Card may not be exchanged
or credited toward the purchase of any subscription services other than a three
(3) or twelve (12) month subscription to Disney+ Services as applicable.
6.
Non-Payment. Disney reserves the right to
refuse to honor any Card in the event of a disputed credit card charge or other
failure of consideration.
7.
No
Expiration; No Fees. The
Cards do not expire. No inactivity or service 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.
8.
Refunds. The Cards are not
refundable except as required by applicable law.
9.
No
Resale or Transfer. The
Cards may not be resold or transferred without Disney’s express written
authorization. A Card is not valid and will not be honored, and
Disney 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.
10. Fraud. Disney reserves the right to
refuse to honor a Card if Disney reasonably suspects that the Card was obtained
fraudulently.
DISPUTE
RESOLUTION You and
Disney 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. PROCEDURES
FOR ASSERTING A CLAIM. In the event of a Dispute, you or Disney
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 Disney 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 Disney or its affiliate has for you. You
and Disney 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 Disney 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 Disney 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 Disney 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 Disney) 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 Disney’s last written settlement
offer; or (b) if Disney 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, Disney 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 Disney 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, DISNEY 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 DISNEY 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.
13. Governing Law. The laws of the State of
Victoria, without regard to principles of conflict of laws, shall govern this
Agreement and the use of your Card.
14. 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.
15. Changes to Agreement. Disney 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 Disney, 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/disneypluscardau.