Disney+ Gift Card US Terms and
Conditions
The following Terms and Conditions (“Agreement”) describe the terms and
conditions that apply to the use of Disney+ Gift Cards (“Gift Cards”) that are
sold or issued in the United States, as well as the credits for which the Gift
Cards are redeemable (“Gift Card Credits”) as described herein (collectively,
“Cards”). This Agreement is between you, the holder of a Card (the
“Cardholder”), and Disney Gift Card Services, Inc. (the
“Issuer”). By purchasing, accepting, or using your Card,
you agree to be bound by this Agreement. If you do not agree with
this Agreement, do not purchase, use, or accept the Card. IMPORTANT: This
Agreement includes resolution of disputes by arbitration instead of by court action
and a class action waiver.
Upon
redemption of a Gift Card, a Disney+ Redeemer will receive a Gift Card Credit equal
to the value of the Gift Card. The
Disney+ Redeemer’s Gift Card will be fully redeemed immediately upon conversion
to Gift Card Credit. The Gift Card
Credit may be applied only toward a monthly subscription to Disney+ or the
Disney Bundle (a "Monthly Subscription"); provided, however, that
Issuer may agree to permit the Gift Card Credits to be redeemable for other
Disney+ services in the future, in its sole and absolute discretion. In the event a Disney+ Redeemer chooses to purchase
services other than a Monthly Subscription, a valid credit card or other valid payment
method accepted by Disney+ (a "Payment Method") will be required in order to complete the purchase.
At
the beginning of each monthly subscription billing term (the first date of such
billing term, the “Billing Date”), the Gift Card Credit will be debited the
price of the Monthly Subscription as of the Billing Date, in addition to any
applicable taxes and fees until the Gift Card Credit is fully exhausted. In the event that
the remaining Gift Card Credit on the Billing Date is insufficient to cover the
cost of the full monthly subscription billing term, the Disney+ Redeemer will
receive access to Disney+ for a pro rata portion of the month based on the
price of the monthly subscription on the Billing Date.
Once the Gift Card Credit has been reduced
to zero, the Disney+ Redeemer will lose access to the Monthly Subscription and
the Disney+ Redeemer’s subscription will be terminated, unless the Disney+ Redeemer
provides or has previously provided a Payment Method. If provided, Disney+ Redeemer's Payment Method
will be charged the then-current price of the Monthly Subscription on a
recurring basis for continued access to the Monthly Subscription (including
applicable taxes and fees) after the Gift Card Credit is fully exhausted. If
the Disney+ Redeemer has elected to cancel the Disney+ Redeemer's subscription
before the Gift Card Credit is fully exhausted, the Disney+ Redeemer's Payment
Method will not be charged for such subscription and cancellation shall become
effective when the Gift Card Credit is fully exhausted. A Disney+ Redeemer may
change Payment Method information or cancel a subscription by logging into Disney+.
Gift
Card Credits are not refundable or redeemable for cash and cannot be
transferred back to the Gift Card redeemed for such Gift Card Credits.
Arbitration is the submission of a dispute to a
neutral arbitrator, instead of a judge or jury, for a final and binding
decision, known as an “award.” During an arbitration, each party has
an opportunity to present evidence to the arbitrator in writing or through
witnesses, but arbitration provides for more limited discovery than in court,
and the arbitrator’s award is subject to limited review by the
courts. An arbitrator may award only the same damages and relief
that a court could award under the law and must honor the terms and conditions
of this Agreement.
You and the Issuer agree that any dispute, claim
or controversy, whether at law or equity, arising out of or relating to the
purchase and redemption of the Card or this Agreement, including but not
limited to the interpretation, applicability or enforceability of these terms
or the formation of this Agreement, or the arbitrability of any dispute
(“Dispute”), shall be resolved in its entirety by individual binding
arbitration. You acknowledge and agree that any dispute, claim or controversy,
whether at law or equity, arising out of or relating to your use of the Disney+
Service or the Subscriber Agreement is subject to the binding arbitration
provision and class action waiver contained in the Subscriber Agreement. You and the Issuer agree that any
arbitration under this Agreement will take place on an individual basis and
that class, mass, consolidated or combined actions or arbitrations or
proceedings as a private attorney general are not permitted. You
and the Issuer agree that the arbitrator may award declaratory or injunctive
relief only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by that party's individual
claim. You and the Issuer both waive, to the fullest extent allowed
by law, any claims to recover punitive or exemplary damages. If it
is decided that applicable law precludes enforcement of any of this paragraph’s
limitations as to a particular claim for relief, then that claim (and only that
claim) shall be severed from the arbitration and may be brought in court.
This agreement to arbitrate shall survive
termination of this Agreement and extends to any Disputes that you may assert
against the Issuer’s affiliates. This Agreement evidences a
transaction in interstate commerce, and the Federal Arbitration Act governs the
interpretation and enforcement of this agreement to arbitrate.
PROCEDURES FOR ASSERTING A CLAIM. In the event of a Dispute, you or the
Issuer must first send to the other party a Notice of Dispute, which is a
written statement that sets forth the name, address and contact information of
the party giving the notice, the facts giving rise to the Dispute, and the
relief requested. You must send any Notice of Dispute to the Issuer
at 500 South Buena Vista Street, Burbank, California 91521-7620, USA,
Attention: Legal. Any Notice of Dispute will be sent to you at the
contact address that the Issuer or its affiliate has for you. You
and the Issuer will attempt to resolve a Dispute through informal negotiation
within 60 days from the date the Notice of Dispute is sent. After 60
days, you or the Issuer may commence arbitration or proceed in small claims
court. You may instead litigate a Dispute in small claims court if
the Dispute meets the requirements to be heard in small claims court.
If you and the Issuer do not resolve a Dispute by
informal negotiation or in small claims court, 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 U.S. Federal Arbitration
Act. The arbitration shall be conducted by JAMS in accordance with
the JAMS Streamlined Arbitration Rules and Procedures, effective July 1, 2014
(the “JAMS Rules”). The JAMS Rules and instructions for how to
initiate an arbitration are available from JAMS at jamsadr.com or
1-800-352-5267. To begin an arbitration proceeding, you must serve
the Issuer’s registered agent for service of process, Corporation Service
Company, at 100 Shockhoe Slip, 2nd Floor, Richmond,
Virginia 23219, United States.
Arbitration may be conducted in person, through
the submission of documents or via telephone, to the extent permitted by the
arbitrator and the JAMS Rules. Proceedings that cannot be conducted
through the submission of documents or by phone will take place in either Los
Angeles, California or the borough of Manhattan, New York, New York, whichever
is more convenient for you; provided, however, that if circumstances prevent
you from travelling to Los Angeles or New York, JAMS may hold an in-person
hearing in your hometown area. You and the Issuer agree to submit to
the exclusive jurisdiction of the federal or state courts located in either Los
Angeles, California or the borough of Manhattan, New York, New York, whichever
is more convenient for you, in order to compel
arbitration, to stay proceedings pending arbitration, or to confirm, modify,
vacate or enter judgment on the award entered by the arbitrator.
In accordance with the JAMS Rules, the party
initiating arbitration is responsible for paying the filing
fee. However, if the arbitrator issues you an award of damages and:
(a) that award is greater than the amount of the Issuer’s last written
settlement offer; or (b) if the Issuer did not make a settlement offer, then,
in addition to paying for any JAMS Case Management Fees and all professional
fees for the arbitrator’s services, the Issuer will reimburse you for the
filing fees you incurred. Reasonable attorneys’ fees and expenses
will be awarded only to the extent such an award is available under applicable
law.
Nothing herein shall be construed as consent by
the Issuer or any of its affiliated entities to the jurisdiction of any
court with regard to disputes, claims or
controversies unrelated to the use of your Card or this Agreement.
14. Changes to Agreement. The Issuer reserves the right to
modify, alter, change or amend this
Agreement from time to time in its discretion without advance notice. The current version of this Agreement is
available at disneyterms.com/usdisneyplusgiftcard.