English – Disney Terms of Use – Australia and New Zealand

If you are in Australia or New Zealand and access global products or services from Disney, please go to our Global Terms of Use.

If you are in New Zealand and access products or services from Disney which are focused on New Zealand, please go to our New Zealand Terms of Use.

Terms of Use – Australia

Last Updated: 10 July, 2024

The Walt Disney Company (Australia) Pty Limited and/or its affiliates and subsidiaries (collectively, “Disney” “we” “our” or “us”) are pleased to provide to you certain websites, software, applications, content, products, and services in any media format or channel, now known or hereafter devised (“Disney Products” and “Products”), which may be branded Disney, ABC, ESPN, Marvel, Pixar, Lucasfilm, FX, Searchlight Pictures, 20th Century Studios, National Geographic, or another brand owned or licensed by Disney.  References to Disney Products also include any elements of the Disney Products.

PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE DISNEY PRODUCTS. THESE TERMS GOVERN YOUR USE OF THE DISNEY PRODUCTS IN GENERAL. BY USING THE DISNEY PRODUCTS YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS.

TABLE OF CONTENTS

1. These Terms of Use Are a Contract Between You and Us
2. License Grant and Restrictions
3. Usage Rules
4. Paid Transactions
5. Contests, Sweepstakes and Promotions
6. Disclaimers and Limitation on Liability
7. Submissions, User Generated Content, DMCA Takedown Notices
8. DISPUTE RESOLUTION
9. Additional Provisions

1. These Terms of Use Are a Contract Between You and Us

A. Binding Contract. Binding Contract. These terms of use (“Agreement”) are a contract between you and The Walt Disney Company (Australia) Pty Limited of Building 10, Level 3, 658 Church Street, Richmond Victoria 3121, Australia, and its affiliates and subsidiaries. Other than as expressly stated herein, there are no third-party beneficiaries of this Agreement.

B. Agreement. You represent to Disney that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created a Disney account or an equivalent unified account for Disney Products (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access a Disney Product offered directly by Disney or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Disney Product). If you do not agree to the Agreement, you may not use the Disney Products.

C. Supplemental Terms. This Agreement governs the Disney Products in general. More specific and/or supplemental terms and conditions may apply to some Products, including but not limited to, a particular contest, sweepstakes or promotion, software, application, promotional code, service or other activity; availability of certain merchandise, content, programs, or other activities; conditions or other limitations to the Disney Products for users under certain ages; and/or specific terms or restrictions that may accompany certain territories, programs, content, products, websites, applications or other software. Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Disney Product.

D. Amendments. We may need to make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Disney Products or changes in law. If we make a material change to this Agreement, to the fullest extent permitted by applicable laws, it will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amended terms through the Disney Products, the third party that makes Disney Products available to you, or at disneytermsofuse.com. If we make a non-material change to this Agreement, to the fullest extent permitted by applicable laws, it will be effective following either our dispatch of a notice to you or by our posting of the amended terms through the Disney Products, the third party that makes Disney Products available to you, or at disneytermsofuse.com. You are responsible for periodically reviewing this Agreement for updates and amendments. By continuing to use the Disney Products you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to this Agreement, you must discontinue using the Disney Products. Our customer service representatives are not authorised to modify any provision of this Agreement, either verbally or in writing.

E. Accounts. Some Disney Products permit or require you to create an account to participate or to secure additional benefits. You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

F. Passwords and Security. You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorised use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Disney Products.

G. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided.

H. Termination or Suspension. To the fullest extent permitted by applicable laws, we may terminate or suspend your access to any Disney Products, and/or terminate this Agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used the Disney Products in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Disney Products.

2. License Grant and Restrictions

The Disney Products, including, but not limited to, movies, television shows, entertainment or informational programming, trailers, bonus material, scripts, code, images and artwork, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the Disney Products are owned by us or our licensors (who may be third-party beneficiaries of this Agreement) and protected by the copyright, trademark, patent and other laws of the United States, international treaties and the laws of other countries in which they are made available or are accessible.

A. Consumer License. Consumer License. If a Disney Product, or third party providing Disney Products subject to this Agreement, is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use in Australia such software, content, virtual item or other material for your personal, non-commercial use only, only for as long as that Disney Product is made available to you by us, or an authorised third party, and only in accordance with this Agreement and/or the specific terms that apply to that Disney Product, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform any Disney Product, including in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology (“AI Tool”), in any media format or channel now known or hereafter devised (except as may be expressly described within the Disney Product or used in a Disney Product in the manner for which it was intended). This is a license agreement and not an agreement for sale or assignment of any rights in the Disney Products. Except as we specifically agree in writing, no element of the Disney Products may be used or exploited in any way other than as part of the authorised Product made available to you. You may own the physical media on which elements of the Disney Products are made available to you, but we retain full and complete ownership of the Disney intellectual property. We do not transfer title to any portion of the Disney websites, software, applications, content, virtual items or other materials and/or services to you. Likewise, the purchase of a license to use any Disney Product does not create an ownership interest in the Disney websites, software, applications, content, virtual items or other materials and/or services.

B. Restrictions on Your Use of Disney’s Products. Except to the extent permitted by law, you agree that you will not, nor permit another person to, do any of the following without our express written permission, and that these restrictions are a condition of your license:

  1. circumvent or disable any content protection system or digital rights management technology used in connection with the Disney Product;
  2. copy the Disney Product (except as expressly permitted by us);
  3. rebroadcast, transmit or perform the Disney Product;
  4. create derivative works of the Disney Product or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
  5. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Disney Products and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s);
  6. modify the Disney Products, including, but not limited to, by removing identification, copyright or other proprietary notices from the Disney Products, or by framing, mirroring, or utilizing similar techniques;
  7. access or use the Disney Products in a manner that suggests an association with our products, services or brands;
  8. use the Disney Products for any commercial or business-related use or build a business utilizing the Disney Products, or engage in any activity to enable third parties to engage in any of the foregoing activities, in each case whether or not for profit;
  9. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Disney Products;
  10. access, monitor, copy or extract the Disney Products using a robot, spider, script, or other automated means, including, for the avoidance of doubt, for the purposes of creating or developing any AI Tool, data mining or web scraping or otherwise compiling, building, creating or contributing to any collection of data, data set or database (other than for a public search engine’s use of spiders for creating search indices to the extent not disallowed by Disney, including through the applicable robots.txt files or NOINDEX or NOFOLLOW meta-tags);
  11. damage, disable, overburden or impair the Disney Products; or
  12. use the Disney Products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.

C. Violation. Any attempt to perform any of the restricted actions listed above, or to permit another person to do so, without our express written permission is a violation of the rights of Disney and/or the intellectual property rights holder.

D. Export Controls. You may not access or use any Disney Product in violation of any export control and economic sanctions requirements applicable in any relevant territory. By acquiring services, content or software through the Disney Products, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.

3. Usage Rules

A. Changes to the Disney Products. The Disney Products are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary, discontinue Disney Products. If required by law, we may also need to suspend, restrict, or terminate your access to Disney Products.

B. Third-Party Services or Platforms. The Disney Products may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control those third-parties or the products they make available. You should read the terms of use agreements and privacy policies that apply to such third-party products. If you access a Disney Product using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, then Apple Inc., Google, Inc. or Microsoft Corporation, as applicable, shall be a third-party beneficiary of this Agreement. However, these third-party beneficiaries are not a party to this Agreement. You agree that your access to the Disney Products using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. By accessing or using the Disney Products using these devices, you represent to Disney that you have read and agreed to those terms.

C. Internet, Browser and System Requirements. You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Disney Products. You are required to review the minimum requirements necessary for use of the specific Product.

D. Mobile Networks. When you access the Disney Products through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Products may be prohibited or restricted by your network provider and not all Products may work with your network provider or device.

E. Consent to Messages. When you use the Disney Products, you may be given the opportunity to consent to receive communications from us through email, text, and/or mobile push notifications. Standard text and calling rates will apply. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialling systems. You can opt out of promotional communications by following the “Unsubscribe” directions for emails, through the settings of the Disney Product, or, if via text message, by responding STOP or such other direction as may be provided in the text message. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE DISNEY PRODUCTS.

F. App Permissions. When you use the Disney Products, you may grant certain permissions to us for your device and/or accounts. Most mobile device platforms provide additional information regarding these permissions and how, if possible, to changes your permission settings. By downloading, installing or using the Disney Products, you agree to receive automatic software updates (as applicable).

G. Informational and Entertainment Purposes. You understand that the Disney Products are for your personal, non-commercial use and are intended for informational and entertainment purposes only; the content available does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

H. Commercial, Marketing, or Branding Use Prohibited. Except as expressly licensed, we do not allow uses of the Disney Products, or other Disney intellectual property, that are commercial or business-related, including uses in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).

I. Malware. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Disney Product or connected network, or interfere with any person or entity’s use or enjoyment of any Disney Product. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Disney Product or game experience to create an advantage for one user over another.

J. Simulated Activity. You understand that to support smooth operation of the Disney Products across wide geographic areas, aspects of certain activities, such as game play, may be simulated to avoid delays.

K. Affiliate Advertising Programs. Disney is a participant in affiliate advertising programs designed to provide a means for websites, apps, or services to earn advertising fees by advertising and linking to third party retail sites.

4. Paid Transactions

A. Identity of Seller. Sales are made by Disney or the authorised seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some digital storefronts on the Disney Products are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.

B. Digital Content and Virtual Items. We may make applications, games, software or other digital content available on the Disney Products or through authorised third parties for you to license for a one-time fee. When purchasing a license to access such material from a Disney Product, charges will be disclosed to you before you complete the license purchase.

Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality as intended by the Disney Products with no right to reproduce, distribute, communicate to the public, make available to the public or transform any Disney Product via any online media, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Disney Product). Virtual items (including characters and character names) or in-game currency purchased or available to you in the Disney Products can only be used in connection with the Disney Products where you obtained them or where they were assembled by you as a result of game play. These items are not redeemable or subject to refund, to the fullest extent permitted by law, and cannot be traded outside of the Disney Products for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time, but subject to our general rights to make amendments to our terms, as set out in section 1.D above. If we discontinue use of virtual items or in-game currency at time that you hold such items in your account, we will provide you with a credit, refund, discount or other form of consideration to the extent required in accordance with our obligations under Schedule 2 of Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law“) and to the extent those obligations cannot be excluded, restricted or modified under any law. However, if we discontinue your use of virtual items or in-game currency due to your violation of this Agreement or the applicable Disney Product terms, then you will not be eligible for any such credit, refund, discount or other consideration.

C. Digital Movie Codes. Digital codes originally packaged in a combination disc + code package (a package that includes a DVD, Blu-Ray, and/or 4K/UHD disc(s) and a digital code) may not be sold separately and may be redeemed only by an individual who obtains the code in the original combination disc + code package, or by a family member of that individual. Digital codes are not authorised for redemption if sold separately. You may use digital movie codes to obtain licensed access to digital movies only as specifically authorised under this Agreement and the terms and conditions of the participating provider of digital content through which you access or download the digital movie. Digital movie codes sold, distributed, purchased, or transferred in a manner inconsistent with this Agreement are subject to being invalidated.

Digital Movie Code Returns. If you do not agree to the above terms and conditions for redeeming a digital movie code obtained by you or a family member in an original combination disc + code package, you may return the combination disc + code package to Disney for a refund subject to the conditions provided at this link.

D. Subscriptions. Some Disney Products require paid subscriptions and the acceptance of supplemental terms to access. By signing up for a subscription, you agreed that your subscription will be automatically renewed and, unless you cancel your subscription, you authorised us to charge your payment method for the renewal term. You agree that, to the extent permitted by law, and subject to any applicable supplemental terms, we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription. From time to time, we may offer a free trial subscription for a Disney Product. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.

Unless otherwise disclosed when you subscribe, you have the right to cancel your Disney Product subscription. When a subscription is cancelled, you may not receive a prorated refund, but in such a case you will continue to have access to the Disney Products until the end of the term during which you cancelled the subscription. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the Disney Product prior to the date of cancellation. If you pay a periodic subscription fee for a Disney Product, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. If you subscribed online, we will give you the option of cancelling the subscription online.

E. The Order Process. You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

We reserve the right to refuse or cancel any order prior to delivery (acting reasonably). Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information (acting reasonably) before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.

F. Payments and Billing. When you provide payment information, you represent and warrant that the information is accurate, that you are authorised to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilise third party payment card updating services to obtain current expiration dates on credit cards and debit cards.

G. Right of Cancellation; Return of Goods. You may have the right to cancel an order placed for a Disney Product – depending on the nature of the Disney Product. Please read the following information carefully so you understand your right of cancellation.

If you wish to cancel, you must do so by following the cancellation instructions for the particular Disney Product. A sample cancellation form is available here.

i. Cancelling Subscriptions: Please see the information above on the process for cancelling subscriptions in our Subscriptions section, above.

ii. Digital Content: When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that, to the extent permitted by law, you have forfeited the right to cancel. License purchase fees paid for digital content are non-refundable to the extent permitted by law, unless otherwise indicated.

iii. Physical Goods: You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. Subject to applicable laws, this right does not apply to goods stated by us on the Disney Products to be non-returnable, including but not limited to:

Any products with a seal, where the seal is broken, such as audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been supplied in sealed packaging; and

• Personalized items.

iv. Personalised Goods: We reserve the right to refuse personalised orders at our discretion (acting reasonably). Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.

These cancellation rights are separate from and in addition to your rights under the Australian Consumer Law should any item we supply be faulty or otherwise fail to meet any of the consumer guarantees available to you under the Australian Consumer Law which cannot be excluded.

If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you used the goods.

H. Pricing; Taxes. We may revise the pricing for the Disney Products we offer. When you place your order, we estimate the applicable tax and include that estimate in the total for your convenience. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

I. International Shipping; Customs. When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labelling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

J. Gift Cards. Disney gift cards may be offered for purchase and/or redemption in connection with certain Disney Products, subject to additional terms of service. The risk of loss and title for gift cards passes to you at the time of electronic transmission or delivery to the carrier. Gift cards may be redeemed at eligible locations and for eligible products and services. Please review the gift card FAQ’s for more information.

5. Contests, Sweepstakes and Promotions

Contests, sweepstakes and other similar promotions that you enter on a Disney Product or in connection with Disney Products integrated with a third-party website, service, application, platform, and/or content (“Disney Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Disney Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Disney Promotion, please first review the applicable official rules and/or conditions. If a Disney Promotion’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Disney Promotion. Your entry to a Disney Promotion constitutes User Generated Content (as defined in Section 7 below) and is subject to all provisions of this Agreement that govern your submission and our use of your User Generated Content.

6. Disclaimers and Limitation on Liability

THE DISNEY PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING THE AUSTRALIAN CONSUMER LAW (TO THE EXTENT SUCH CONDITIONS, REPRESENTATIONS AND WARRANTIES CANNOT BE EXCLUDED).

PLEASE REFER TO THE HELP SECTION OF THE APPLICABLE DISNEY PRODUCT FOR ASSISTANCE IF A DISNEY PRODUCT IS NOT WORKING PROPERLY. It is your responsibility to ensure you follow installation instructions, have the minimum system requirements, update software as recommended, and consult our customer service resources if you encounter a problem with the Disney Products.

We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under this Agreement.

We are not liable for business losses. We only supply products for your personal, non-commercial, and domestic use. If you use the products for any other purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or similar loss.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE DISNEY PRODUCT(S), OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAWS,WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND AUSTRALIAN  DOLLARS (AUD $1,000), EXCEPT THAT WHERE SUCH A LIMITATION IS PROHIBITED BY APPLICABLE LAWS, INCLUDING UNDER THE AUSTRALIAN CONSUMER LAW, LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE, RESTRICT OR MODIFY ANY RIGHT OR REMEDY YOU MAY HAVE IN STATUTE UNDER THE AUSTRALIAN CONSUMER LAW OR OTHERWISE TO THE EXTENT THAT THAT RIGHT OR REMEDY CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED UNDER LAW.  ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT APPLIES AS PROVIDED FOR IN THIS AGREEMENT TO THE FULL EXTENT PERMITTED BY LAW AND SUBJECT TO ANY SUCH NON-EXCLUDABLE RIGHT OR REMEDY.

7. Submissions, User Generated Content, DMCA Takedown Notices

A. Submissions and Unsolicited Ideas Policies. Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

B. User Generated Content. The Disney Products may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. Whether a Disney Product made available by us or in connection with Disney Products appears on a Disney website, service and/or platform or is integrated with a third-party website, service, application, and/or platform, you may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

In most instances, we do not claim ownership of your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Disney Products and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of the Disney Products in connection with the submission, or arising from it).

You represent and warrant that your User Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorise us to use and exploit, your User Generated Content in all manners contemplated by this Agreement; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User Generated Content resulting from your breach of this Agreement. You agree that, to the extent you have any moral rights, ancillary rights or similar rights in or to the User Generated Content, you unconditionally and irrevocably consent to us or our licensees, distributors, agents, representatives and other authorised users engaging in any acts or omissions in relation to the User Generated Content, now or in the future, that would otherwise infringe your moral rights, ancillary rights or similar rights in or to the User Generated Content. Outside of Australia, you also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorised users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

To the extent that we authorise you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on Disney Products and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We may monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Disney Product, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to this Agreement, without prior notice to you. We may terminate your account and access to the Disney Products (acting reasonably) if your User Generated Content violates this Agreement, including unlawful postings or content, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

C. Claims of Copyright Infringement. Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

Attn: TWDC Designated Agent
The Walt Disney Company
500 South Buena Vista Street
Burbank, California, 91521, USA
Phone: +1 818-560-1000
Fax: +1 818-560-4299
Email: designated.agent@dig.twdc.com

We are only able to accept notices in the languages in which this Agreement is made available by us.

We will respond expeditiously to claims of copyright infringement committed using the Disney Products that are reported to our designated copyright agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Disney Products hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here.

8. DISPUTE RESOLUTION

Subject to this Section 8, 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 The Walt Disney Company, its subsidiaries, or its affiliates). “Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and Disney concerning the Disney Products or this Agreement and any claim that all or any part of this Agreement is void or voidable.

A. Informal Dispute Resolution. You and Disney agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally and, in the event of a Dispute not covered by Section 8B., 8C. or 8D. below, the claiming party must send to the other party a notice of a 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, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of a Dispute to The Walt Disney Company (Australia) Pty Ltd, Building 10, Level 3, 658 Church Street, Richmond, Victoria, 3121 Australia, Attention: Legal. We will send any notice of a Dispute to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your Disney account. You and Disney will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of a Dispute is sent. This informal negotiation requires an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Disney (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference. Disney will participate in the Conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. 

B. Small Claims. 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 negotiated informally first.  

C. Nothing in this Section 8 will prevent a party from instituting proceedings to seek urgent injunctive or interlocutory relief in respect of a Dispute or in connection with a Dispute relating to the enforcement of either parties’ intellectual property rights. 

D. Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of Section 8A., including an injunction to stay an arbitration that has been commenced in violation of Section 8A.

E. Arbitration Process and Rules. If you and Disney do not resolve a Dispute by informal negotiation or any of the proceedings referred to in Section 8B. C. or D. above, 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.  Any arbitration will be administered by the Resolution Institute (“Resolution Institute”) in accordance with the Resolution Institute Arbitration Rules (the “Resolution Institute Rules”) which are deemed to be incorporated by and subject to the terms of this Section 8.  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, by phone, or online. You and Disney agree to submit to the exclusive jurisdiction of the federal or state courts located in the State of Victoria , in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator. The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim.

F. In accordance with the Resolution Institute Rules, the party initiating the arbitration (either you or Disney) is responsible for paying the registration fee.  However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any fee charged by the Resolution Institute, and all professional fees for the arbitrator’s services, we will reimburse you for the registration fees you incurred.

G. Except as provided above with respect to jurisdiction in Victoria, Australia, nothing in this Section shall be construed as consent by Disney or its affiliates to the jurisdiction of any other court with regard to Disputes, claims or controversies unrelated to this Agreement.

H. Dispute Resolution Survival. This Dispute Resolution Section e will survive the termination of your relationship with Disney, including any revocation of consent or other action by you to end your engagement with or use of any Disney Products or any communication with us.

I. If you have questions or concerns about the meaning of any provision of this Dispute Resolution Section, please feel free to seek the counsel of an attorney. We thank you for understanding why it is important that we agree on the process for addressing disputes.

9. Additional Provisions

A. Choice of Forum. Subject to Section 8B, you agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the State of Victora and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

B. Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any conflict of law principles.

C. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

D. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution in Sections 2, 3, 6, 7 and 8 as well as the general provisions in this Section 9.

E. Waiver. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

 

 

 

Terms of Use – New Zealand 

Last Updated: 10 July, 2024

The Walt Disney Company (New Zealand) Limited and/or its affiliates and subsidiaries (collectively, “Disney” “we” “our” or “us”) are pleased to provide to you certain websites, software, applications, content, products, and services in any media format or channel, now known or hereafter devised (“Disney Products” and “Products”), which may be branded Disney, ABC, ESPN, Marvel, Pixar, Lucasfilm, FX, Searchlight Pictures, 20th Century Studios, National Geographic, or another brand owned or licensed by Disney.  References to Disney Products also include any elements of the Disney Products.

PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE DISNEY PRODUCTS. THESE TERMS GOVERN YOUR USE OF THE DISNEY PRODUCTS IN GENERAL. BY USING THE DISNEY PRODUCTS YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS.

 

TABLE OF CONTENTS

  1. These Terms of Use Are a Contract Between You and Us
  2. License Grant and Restrictions
  3. Usage Rules
  4. Paid Transactions
  5. Contests, Sweepstakes and Promotions
  6. Disclaimers and Limitation on Liability
  7. Submissions, User Generated Content, DMCA Takedown Notices
  8. DISPUTE RESOLUTION
  9. Additional Provisions

 

1. These Terms of Use Are a Contract Between You and Us

A. Binding Contract. These terms of use (“Agreement”) are a contract between you and The Walt Disney Company (New Zealand) Limited of Level 9, 4 Williamson Avenue, Ponsonby, Auckland, 1021, New Zealand, and its affiliates and subsidiaries. Other than as expressly stated herein, there are no third-party beneficiaries of this Agreement.

B. Agreement. You represent to Disney that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created a Disney account or an equivalent unified account for Disney Products (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access a Disney Product offered directly by Disney or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Disney Product). If you do not agree to the Agreement, you may not use the Disney Products.

C. Supplemental Terms. This Agreement governs the Disney Products in general. More specific and/or supplemental terms and conditions may apply to some Products, including but not limited to, a particular contest, sweepstakes or promotion, software, application, promotional code, service or other activity; availability of certain merchandise, content, programs, or other activities; conditions or other limitations to the Disney Products for users under certain ages; and/or specific terms or restrictions that may accompany certain territories, programs, content, products, websites, applications or other software. Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Disney Product that are governed by those supplemental terms.

D. Amendments. We may need to make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Disney Products or changes in law. If we make a material change to this Agreement, to the fullest extent permitted by applicable laws, it will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amended terms through the Disney Products, the third party that makes Disney Products available to you, or at disneytermsofuse.com. If we make a non-material change to this Agreement, to the fullest extent permitted by applicable laws, it will be effective following either our dispatch of a notice to you or by our posting of the amended terms through the Disney Products, the third party that makes Disney Products available to you, or at disneytermsofuse.com. You are responsible for periodically reviewing this Agreement for updates and amendments. By continuing to use the Disney Products you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to this Agreement, you must discontinue using the Disney Products. Our customer service representatives are not authorised to modify any provision of this Agreement, either verbally or in writing.

E. Accounts. Some Disney Products permit or require you to create an account to participate or to secure additional benefits. You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

F. Passwords and Security. You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorised use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Disney Products.

G. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. 

H. Termination or Suspension. To the fullest extent permitted by applicable laws, we may terminate or suspend your access to any Disney Products, and/or terminate this Agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used the Disney Products in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Disney Products.

2. License Grant and Restrictions

The Disney Products, including, but not limited to, movies, television shows, entertainment or informational programming, trailers, bonus material, scripts, code, images and artwork, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the Disney Products are owned by us or our licensors (who may be third-party beneficiaries of this Agreement) and protected by the copyright, trademark, patent and other laws of the United States, international treaties and the laws of other countries in which they are made available or are accessible.

A. Consumer License. If a Disney Product, or third party providing Disney Products subject to this Agreement, is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use in New Zealand such software, content, virtual item or other material for your personal, non-commercial use only, only for as long as that Disney Product is made available to you by us, or an authorised third party, and only in accordance with this Agreement and/or the specific terms that apply to that Disney Product, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform any Disney Product, including in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology (“AI Tool”), in any media format or channel now known or hereafter devised (except as may be expressly described within the Disney Product or used in a Disney Product in the manner for which it was intended). This is a license agreement and not an agreement for sale or assignment of any rights in the Disney Products. Except as we specifically agree in writing, no element of the Disney Products may be used or exploited in any way other than as part of the authorised Product made available to you. You may own the physical media on which elements of the Disney Products are made available to you, but we retain full and complete ownership of the Disney intellectual property. We do not transfer title to any portion of the Disney websites, software, applications, content, virtual items or other materials and/or services to you. Likewise, the purchase of a license to use any Disney Product does not create an ownership interest in the Disney websites, software, applications, content, virtual items or other materials and/or services.

B. Restrictions on Your Use of Disney’s Products. Except to the extent permitted by law, you agree that you will not, nor permit another person to, do any of the following without our express written permission, and that these restrictions are a condition of your license:

    1. circumvent or disable any content protection system or digital rights management technology used in connection with the Disney Product;
    2. copy the Disney Product (except as expressly permitted by us);
    3. rebroadcast, transmit or perform the Disney Product;
    4. create derivative works of the Disney Product or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
    5. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Disney Products and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s);
    6. modify the Disney Products, including, but not limited to, by removing identification, copyright or other proprietary notices from the Disney Products, or by framing, mirroring, or utilizing similar techniques;
    7. access or use the Disney Products in a manner that suggests an association with our products, services or brands;
    8. use the Disney Products for any commercial or business-related use or build a business utilizing the Disney Products, or engage in any activity to enable third parties to engage in any of the foregoing activities, in each case whether or not for profit;
    9. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Disney Products;
    10. access, monitor, copy or extract the Disney Products using a robot, spider, script, or other automated means, including, for the avoidance of doubt, for the purposes of creating or developing any AI Tool, data mining or web scraping or otherwise compiling, building, creating or contributing to any collection of data, data set or database (other than for a public search engine’s use of spiders for creating search indices to the extent not disallowed by Disney, including through the applicable robots.txt files or NOINDEX or NOFOLLOW meta-tags);
    11. damage, disable, overburden or impair the Disney Products; or
    12. use the Disney Products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.

C. Violation. Any attempt to perform any of the restricted actions listed above, or to permit another person to do so, without our express written permission is a violation of the rights of Disney and/or the intellectual property rights holder.

D. Export Controls. You may not access or use any Disney Product in violation of any export control and economic sanctions requirements applicable in any relevant territory. By acquiring services, content or software through the Disney Products, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.

3. Usage Rules

A. Changes to the Disney Products. The Disney Products are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary, discontinue Disney Products. If required by law, we may also need to suspend, restrict, or terminate your access to Disney Products.

B. Third-Party Services or Platforms. The Disney Products may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control those third-parties or the products they make available. You should read the terms of use agreements and privacy policies that apply to such third-party products. If you access a Disney Product using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, then Apple Inc., Google, Inc. or Microsoft Corporation, as applicable, shall be a third-party beneficiary of this Agreement. However, these third-party beneficiaries are not a party to this Agreement. You agree that your access to the Disney Products using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. By accessing or using the Disney Products using these devices, you represent to Disney that you have read and agreed to those terms.

C. Internet, Browser and System Requirements. You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Disney Products. You are required to review the minimum requirements necessary for use of the specific Product.

D. Mobile Networks. When you access the Disney Products through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Products may be prohibited or restricted by your network provider and not all Products may work with your network provider or device.

E. Consent to Messages. When you use the Disney Products, you may be given the opportunity to consent to receive communications from us through email, text, and/or mobile push notifications. Standard text and calling rates will apply. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialling systems. You can opt out of promotional communications by following the “Unsubscribe” directions for emails, through the settings of the Disney Product, or, if via text message, by responding STOP or such other direction as may be provided in the text message. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE DISNEY PRODUCTS.

F. App Permissions. When you use the Disney Products, you may grant certain permissions to us for your device and/or accounts. Most mobile device platforms provide additional information regarding these permissions and how, if possible, to change your permission settings. By downloading, installing or using the Disney Products, you agree to receive automatic software updates (as applicable).

G. Informational and Entertainment Purposes. You understand that the Disney Products are for your personal, non-commercial use and are intended for informational and entertainment purposes only; the content available does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.

H. Commercial, Marketing, or Branding Use Prohibited. Except as expressly licensed, we do not allow uses of the Disney Products, or other Disney intellectual property, that are commercial or business-related, including uses in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).

I. Malware. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Disney Product or connected network, or interfere with any person or entity’s use or enjoyment of any Disney Product. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Disney Product or game experience to create an advantage for one user over another.

J. Simulated Activity. You understand that to support smooth operation of the Disney Products across wide geographic areas, aspects of certain activities, such as game play, may be simulated to avoid delays.

K. Affiliate Advertising Programs. Disney is a participant in affiliate advertising programs designed to provide a means for websites, apps, or services to earn advertising fees by advertising and linking to third party retail sites. 

4. Paid Transactions

A. Identity of Seller. Sales are made by Disney or the authorised seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some digital storefronts on the Disney Products are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.

B. Digital Content and Virtual Items. We may make applications, games, software or other digital content available on the Disney Products or through authorised third parties for you to license for a one-time fee. When purchasing a license to access such material from a Disney Product, charges will be disclosed to you before you complete the license purchase.

Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality as intended by the Disney Products with no right to reproduce, distribute, communicate to the public, make available to the public or transform any Disney Product via any online media, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Disney Product). Virtual items (including characters and character names) or in-game currency purchased or available to you in the Disney Products can only be used in connection with the Disney Products where you obtained them or where they were assembled by you as a result of game play. These items are not redeemable or subject to refund, to the fullest extent permitted by law, and cannot be traded outside of the Disney Products for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time, but subject to our general rights to make amendments to our terms, as set out in section 1.D above. If we discontinue use of virtual items or in-game currency at the time that you hold such items in your account, we will provide you with a credit, refund, discount or other form of consideration to the extent required in accordance with our obligations under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 (“Consumer Law“) and to the extent those obligations cannot be excluded, restricted or modified under any law. However, if we discontinue your use of virtual items or in-game currency due to your violation of this Agreement or the applicable Disney Product terms, then you will not be eligible for any such credit, refund, discount or other consideration.    

C. Digital Movie Codes. Digital codes originally packaged in a combination disc + code package (a package that includes a DVD, Blu-Ray, and/or 4K/UHD disc(s) and a digital code) may not be sold separately and may be redeemed only by an individual who obtains the code in the original combination disc + code package, or by a family member of that individual. Digital codes are not authorised for redemption if sold separately. You may use digital movie codes to obtain licensed access to digital movies only as specifically authorised under this Agreement and the terms and conditions of the participating provider of digital content through which you access or download the digital movie. Digital movie codes sold, distributed, purchased, or transferred in a manner inconsistent with this Agreement are subject to being invalidated. 

Digital Movie Code Returns. If you do not agree to the above terms and conditions for redeeming a digital movie code obtained by you or a family member in an original combination disc + code package, you may return the combination disc + code package to Disney for a refund subject to the conditions provided at this link. 

D. Subscriptions. Some Disney Products require paid subscriptions and the acceptance of supplemental terms to access. By signing up for a subscription, you agreed that your subscription will be automatically renewed and, unless you cancel your subscription, you authorised us to charge your payment method for the renewal term. You agree that, to the extent permitted by law, and subject to any applicable supplemental terms, we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription. From time to time, we may offer a free trial subscription for a Disney Product. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.

Unless otherwise disclosed when you subscribe, you have the right to cancel your Disney Product subscription. When a subscription is cancelled, you may not receive a prorated refund, but in such a case you will continue to have access to the Disney Products until the end of the term during which you cancelled the subscription. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the Disney Product prior to the date of cancellation. If you pay a periodic subscription fee for a Disney Product, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. If you subscribed online, we will give you the option of cancelling the subscription online.

E. The Order Process. You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

We reserve the right to refuse or cancel any order prior to delivery (acting reasonably). Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information (acting reasonably) before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.

F. Payments and Billing. When you provide payment information, you represent and warrant that the information is accurate, that you are authorised to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilise third party payment card updating services to obtain current expiration dates on credit cards and debit cards.

G. Right of Cancellation; Return of Goods. You may have the right to cancel an order placed for a Disney Product – depending on the nature of the Disney Product. Please read the following information carefully so you understand your right of cancellation.

If you wish to cancel, you must do so by following the cancellation instructions for the particular Disney Product. A sample cancellation form is available here. 

i. Cancelling Subscriptions: Please see the information above on the process for cancelling subscriptions in our Subscriptions section, above.

ii. Digital Content: When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that, to the extent permitted by law, you have forfeited the right to cancel. License purchase fees paid for digital content are non-refundable to the extent permitted by law, unless otherwise indicated.

iii. Physical Goods: You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. Subject to applicable laws, this right does not apply to goods stated by us on the Disney Products to be non-returnable, including but not limited to:

  • Any products with a seal, where the seal is broken, such as audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been supplied in sealed packaging; and
  • Personalised items.

iv. Personalised Goods: We reserve the right to refuse personalised orders at our discretion (acting reasonably). Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.

These cancellation rights are separate from and in addition to your rights under Consumer Law should any item we supply be faulty or otherwise fail to meet any of the consumer guarantees available to you under Consumer Law which cannot be excluded.

If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you used the goods.

H. Pricing; Taxes. We may revise the pricing for the Disney Products we offer. When you place your order, we estimate the applicable tax and include that estimate in the total for your convenience. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

I. International Shipping; Customs. When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labelling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

J. Gift Cards. Disney gift cards may be offered for purchase and/or redemption in connection with certain Disney Products, subject to additional terms of service. The risk of loss and title for gift cards passes to you at the time of electronic transmission or delivery to the carrier. Gift cards may be redeemed at eligible locations and for eligible products and services. Please review the gift card FAQ’s for more information.

5. Contests, Sweepstakes and Promotions

Contests, sweepstakes and other similar promotions that you enter on a Disney Product or in connection with Disney Products integrated with a third-party website, service, application, platform, and/or content (“Disney Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Disney Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Disney Promotion, please first review the applicable official rules and/or conditions. If a Disney Promotion’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Disney Promotion. Your entry to a Disney Promotion constitutes User Generated Content (as defined in Section 7 below) and is subject to all provisions of this Agreement that govern your submission and our use of your User Generated Content.

6. Disclaimers and Limitation on Liability

THE DISNEY PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CONSUMER LAW (TO THE EXTENT SUCH CONDITIONS, REPRESENTATIONS AND WARRANTIES CANNOT BE EXCLUDED. NOTHING IN THESE TERMS CONFLICT WITH YOUR RIGHTS UNDER CONSUMER LAW.

PLEASE REFER TO THE HELP SECTION OF THE APPLICABLE DISNEY PRODUCT FOR ASSISTANCE IF A DISNEY PRODUCT IS NOT WORKING PROPERLY. It is your responsibility to ensure you follow installation instructions, have the minimum system requirements, update software as recommended, and consult our customer service resources if you encounter a problem with the Disney Products.

We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under this Agreement.

We are not liable for business losses. We only supply products for your personal, non-commercial, and domestic use. If you use the products for any other purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or similar loss.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE DISNEY PRODUCT(S), OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAWS, WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND NEW ZEALAND DOLLARS (NZ $1,000), EXCEPT THAT WHERE SUCH A LIMITATION IS PROHIBITED BY APPLICABLE LAWS, INCLUDING UNDER CONSUMER LAW, LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE, RESTRICT OR MODIFY ANY RIGHT OR REMEDY YOU MAY HAVE IN STATUTE UNDER CONSUMER LAW OR OTHERWISE TO THE EXTENT THAT THAT RIGHT OR REMEDY CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED UNDER LAW.  ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT APPLIES AS PROVIDED FOR IN THIS AGREEMENT TO THE FULL EXTENT PERMITTED BY LAW AND SUBJECT TO ANY SUCH NON-EXCLUDABLE RIGHT OR REMEDY.

7. Submissions, User Generated Content, DMCA Takedown Notices

A. Submissions and Unsolicited Ideas Policies. Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

B. User Generated Content. The Disney Products may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. Whether a Disney Product made available by us or in connection with Disney Products appears on a Disney website, service and/or platform or is integrated with a third-party website, service, application, and/or platform, you may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

In most instances, we do not claim ownership of your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Disney Products and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of the Disney Products in connection with the submission, or arising from it).

You represent and warrant that your User Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorise us to use and exploit, your User Generated Content in all manners contemplated by this Agreement; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User Generated Content resulting from your breach of this Agreement. You agree that, to the extent you have any moral rights, ancillary rights or similar rights in or to the User Generated Content, you unconditionally and irrevocably consent to us or our licensees, distributors, agents, representatives and other authorised users engaging in any acts or omissions in relation to the User Generated Content, now or in the future, that would otherwise infringe your moral rights, ancillary rights or similar rights in or to the User Generated Content. Outside of New Zealand, you also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorised users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

To the extent that we authorise you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on Disney Products and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We may monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Disney Product, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to this Agreement, without prior notice to you. We may terminate your account and access to the Disney Products (acting reasonably) if your User Generated Content violates this Agreement, including unlawful postings or content, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

C. Claims of Copyright Infringement. Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

Attn: TWDC Designated Agent
The Walt Disney Company
500 South Buena Vista Street
Burbank, California, 91521, USA
Phone: +1 818-560-1000
Fax: +1 818-560-4299
Email: designated.agent@dig.twdc.com  

We are only able to accept notices in the languages in which this Agreement is made available by us.

We will respond expeditiously to claims of copyright infringement committed using the Disney Products that are reported to our designated copyright agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Disney Products hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here. 

8. DISPUTE RESOLUTION

Subject to this Section 8, 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 The Walt Disney Company, its subsidiaries, or its affiliates). “Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and Disney concerning the Disney Products or this Agreement and any claim that all or any part of this Agreement is void or voidable.

A. Informal Dispute Resolution. You and Disney agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally and, in the event of a Dispute not covered by Section 8B., 8C. or 8D. below, the claiming party must send to the other party a notice of a 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, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of a Dispute to The Walt Disney Company (Australia) Pty Ltd, Building 10, Level 3, 658 Church Street, Richmond, Victoria, 3121 Australia, Attention: Legal. We will send any notice of a Dispute to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your Disney account. You and Disney will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of a Dispute is sent. This informal negotiation requires an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Disney (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference. Disney will participate in the Conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. 

B. Small Claims. You may instead litigate a Dispute in the Small Claims Tribunal (“Small Claims Forum”) if the Dispute meets the requirements to be heard in a Small Claims Forum, whether or not you negotiated informally first.  

C. Nothing in this Section 8 will prevent a party from instituting proceedings to seek urgent injunctive or interlocutory relief in respect of a Dispute or in connection with a Dispute relating to the enforcement of either parties’ intellectual property rights. 

D. Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of Section 8A., including an injunction to stay an arbitration that has been commenced in violation of Section 8A.

E. Arbitration Process and Rules. If you and Disney do not resolve a Dispute by informal negotiation or any of the proceedings referred to in Section 8B. C. or D. above, the parties may, by agreement, have the Dispute be determined by the arbitration of a single neutral arbitrator.  Any arbitration will be administered by the Resolution Institute (“Resolution Institute”) in accordance with the Resolution Institute Arbitration Rules (the “Resolution Institute Rules”) which are deemed to be incorporated by and subject to the terms of this Section 8.  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 Auckland, New Zealand and the language of the arbitration will be English. Arbitration may be conducted in person, through the submission of documents, by phone, or online. You and Disney agree to submit to the exclusive jurisdiction of the courts of New Zealand in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator. The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim. In accordance with the Resolution Institute Rules, the party initiating the arbitration (either you or Disney) is responsible for paying the registration fee.  However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any fee charged by the Resolution Institute, and all professional fees for the arbitrator’s services, we will reimburse you for the registration fees you incurred.

F. Except as provided above with respect to jurisdiction in Auckland, New Zealand, nothing in this Section shall be construed as consent by Disney or its affiliates to the jurisdiction of any other court with regard to Disputes, claims or controversies unrelated to this Agreement. 

G. Dispute Resolution Survival. This Dispute Resolution Section will survive the termination of your relationship with Disney, including any revocation of consent or other action by you to end your engagement with or use of any Disney Products or any communication with us.

H. If you have questions or concerns about the meaning of any provision of this Dispute Resolution Section, please feel free to seek the counsel of an attorney. We thank you for understanding why it is important that we agree on the process for addressing disputes.

9. Additional Provisions

A. Choice of Forum. Subject to Section 8B, you agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the State of Victora and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

B. Choice of Law. This Agreement is governed by and construed in accordance with the laws of the New Zealand, without giving effect to any conflict of law principles. 

C. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

D. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution in Sections 2, 3, 6, 7 and 8 as well as the general provisions in this Section 9.

E. Waiver. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.