Terms and Conditions for Disney+ Subscription Cards

The following Terms and Conditions (“Agreement”) describe the terms and conditions that apply to the use of

  1. Disney+ Subscription Gift Cards, being physical gift cards that are sold through approved retail outlets in Australia (“Physical Cards”); and
  2. 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.
  1. 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.
  1. Issuance and Redemption of the Cards.
    1. 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.
    2. Each Card is redeemable only for an Australian subscription to the Disney+ service (“Disney+ Services”) for a period of 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.
    3. 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 twelve (12) months of Disney+ Services.  Following the provision of Disney+ Services for such twelve (12) month period, 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 twelve (12) month period.  The Disney+ Redeemer may cancel a Disney+ Account by logging into the Disney+ Redeemer’s Disney+ Account on disneyplus.com and clicking on Account.
  1. No Cash Redemption. The Cards have no cash value and may not be redeemed for cash except as required by applicable law. 
  1. 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 twelve (12) month subscription to Disney+ Services.
  1. 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.
  1. 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.
  1. Refunds. The Cards are not refundable except as required by applicable law. 
  1. 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.
  1. Fraud. Disney reserves the right to refuse to honor a Card if Disney reasonably suspects that the Card was obtained fraudulently.
  1. BINDING ARBITRATION AND CLASS ACTION WAIVER. Please read this section carefully.  It affects legal rights that you may otherwise have and requires individual, final and binding arbitration of certain disputes instead of resolution in court. 

    Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.”  During an arbitration, each party has an opportunity to present evidence to the arbitrator in writing or through witnesses, but arbitration provides for more limited discovery than in court, and the arbitrator’s award is subject to limited review by the courts.

    You and Disney agree that any dispute, claim or controversy, whether at law or equity, arising out of or relating to your use of the Card or this Agreement, including but not limited to the interpretation, applicability or enforceability of these terms or the formation of this Agreement, or the arbitrability of any dispute (“Dispute”), shall be resolved in its entirety by individual binding arbitration or otherwise in accordance with this clause.  You and Disney agree that any arbitration under this Agreement, or any litigation in connection with this Agreement, will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.  You and Disney both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.  If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court.

    This agreement to arbitrate shall survive termination of this Agreement and, subject to this clause, extends to any Disputes that you may assert against Disney’s affiliates.

    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, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to Disney at Building 10, Level 3, 658 Church Street, Richmond Victoria 3121, Australia, Attention: Legal. Any Notice of Dispute will be sent to you at the contact address 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. After 60 days, you or Disney may commence arbitration or 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.

    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.

  1. 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.
  1. 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.
  1. 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.
  1. 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.