Disney+
Gift Card Australia Terms and Conditions
Effective
Date: October 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 Agreementand
the Terms of Use https://disneytermsofuse.com/australia-newzealand/. If
you do not agree with this Agreement, do not purchase, use, or accept
the Card.
- 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.
- Issuance and Redemption of the Cards. Gift Cards may be purchased at 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.
- No Cash Redemption. The Cards have no cash value and may not
be redeemed for cash except as required by applicable law.
- 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, Gift Cards may not be
redeemed in conjunction with any other offers,
coupons, discounts or promotions.
- 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.
- 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.
- Refunds. The Cards are not refundable except as
required by applicable law.
- 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.
- 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.
- Fraud. The Issuer reserves the right to refuse
to honour a Card if the Issuer
suspects that the Card was obtained fraudulently.
- 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.
- 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.
- Governing Law. The laws of the State of
Victoria shall govern this Agreement and the use of your Card.
- 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.