Terms and Conditions for Disney+ Subscription Cards
The following Terms and Conditions (“Agreement”) describe the terms and conditions that apply to the use of
(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.
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.