Disney+ Subscriber Agreement
Updated: 12 January 2024
The Walt Disney Company (Australia) Pty Limited (ACN 054 610 025) ("Disney+", "we", "us”, "our") welcomes you to the Disney+ Service. The "Disney+ Service" includes the Disney+ website, application, video player and related software and associated content and services.
PLEASE READ THIS SUBSCRIBER AGREEMENT ("DISNEY+ SUBSCRIBER AGREEMENT", OR "AGREEMENT") CAREFULLY BEFORE USING THE DISNEY+ SERVICE.
THIS AGREEMENT WILL GOVERN YOUR USE OF THE DISNEY+ SERVICE. WHEN
YOU CREATE A DISNEY+ ACCOUNT, YOU ALSO AGREE TO THE WALT DISNEY
COMPANY’S TERMS OF USE, AVAILABLE AT WWW.DISNEYTERMSOFUSE.COM AND AT THE END OF THIS AGREEMENT, WHICH GOVERN YOUR USE OF OTHER DISNEY SERVICES.You agree to the Disney+ Subscriber Agreement, including any agreements or policies incorporated herein by reference, by clicking “Agree & Continue” or other industry standard mechanism during the Disney+ registration process and ratify your agreement when you use any aspect of the Disney+ Service. If you do not agree to the Disney+ Subscriber Agreement, you may not use the Disney+ Service. We may amend this Agreement. Any such amendment will be effective thirty (30) days following either our or our third party distribution partners’ dispatch of a notice to you or our or their posting of the amendment on the Disney+ Service or applicable third party distribution platform. If you do not agree to any change to this Agreement, you must discontinue using the Disney+ Service. Our customer service representatives are not authorised to modify any provision of this Agreement, either verbally or in writing.
List of Sections
User Eligibility and Registration
Subscription Terms
Copyright License Grant and Restrictions
Usage Terms
Use and Sharing of Certain Information
Suspension and Termination
Dispute Resolution
Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only individuals who are usually a resident of the countries where we offer the Disney+ Service (collectively, the "Territory") are eligible to register for a Disney+ account. This Disney+ Subscriber Agreement governs for residents of Australia and all Australian territories. You must be 18 years of age to purchase the Disney+ Service. The Disney+ Service is provided to individuals for their personal, non-commercial use only. Companies, commercial establishments, associations and other groups may not register for a Disney+ account or use the Disney+ Service. Individuals under the age of 18 are not eligible for a Disney+ account and are not permitted to provide personal information to Disney+.
b. Registration. Only individuals that have registered for a Disney+ account, provide certain information (e.g., a valid email address) and agree to the Disney+ Subscriber Agreement are eligible to use the Disney+ Service. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Disney+ account. However, if you allow others to access your Disney+ account, this Agreement, Privacy Policy, as well any specific consents you may have provided, also applies to their access, use and disclosure of information. You agree to immediately notify Disney+ of any unauthorised access to your Disney+ account. To the fullest extent permitted by law, Disney+ will not be responsible for any losses arising from the unauthorised use of your Disney+ account.
c. Notices. Any notices delivered to you in connection with this Disney+ Subscriber Agreement may be made as follows: (i) by Disney+ or an applicable third party distribution partner sending an email to the last email address provided by you or (ii) by posting a notice on the Disney+ Service or the third party distribution platform via which you subscribed to the Disney+ Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. For clarity, you consent to receive electronic communications from the Disney+ Service and further agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any applicable legal notification requirements. 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.
2. SUBSCRIPTION TERMS
a. Service Tier and Other Offerings. When purchasing your subscription(s) to the Disney+ Service, you may be presented with different plans or options (each a “Service Tier”). Different Service Tiers or other offerings may be subject differences in pricing, eligibility, restrictions, features, content, and device availability. To clarify, Service Tiers that are “without ads” or “ad-free” are free from commercial interruptions, but may still contain promotional content, such as trailers and clips of content available or coming to the Disney+ Service and branded content or sponsorship messaging. In addition, such Service Tiers may offer live Disney+ Content or special events (and replays and additional viewings thereof) that contain traditional commercial breaks.b. Subscription Billing and Auto-Renewal. Your subscription to the Disney+ Service includes enrolment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. Your “billing period” is the interval of time between each recurring billing date. Where applicable, charges may be prorated for any partial month of service when you switch into a higher price Service Tier. To see your next recurring billing date, log in to your account on the Disney+ Service or third party distribution platform and view your account details. You acknowledge that the timing of when you are billed may vary, including (i) if your subscription began on a day not contained in a given month (e.g., if you have a monthly subscription and became a paying subscriber on 31 January, your payment method may be billed next on 28 February), or (ii) due to free trials and other promotional offers, subscription card redemptions, credits applied or changes in your subscription or payment method. We reserve the right to change our pricing. In the event of a price change, we or an applicable third party distribution partner will attempt to notify you not less than thirty (30) days in advance of the change by sending an email to the email address you have registered for your account, or by posting a notice on the Disney+ Service or the third party distribution platform via which you subscribed to the Disney+ Service. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email or notice and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your next billing period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorise us to charge your payment method these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party internet access charges and taxes in connection with your use of the Disney+ Service. Please check with your internet provider for information on possible internet data usage charges.
c. Free Trials and Promotions. Your Disney+ Service subscription may begin with a free trial. Availability of a free trial is not guaranteed and, if available, is only available on the specified terms of the promotion, likely only to those who have not previously used one for the Disney+ Service. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law. We may also offer, in our sole discretion, promotions (e.g. a promotional price or entitlement, bundled subscription, device or partner-specific offer or subscription card) subject to promotional terms disclosed during your sign-up or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotional offer period or unless otherwise disclosed.
d .Disney+ Subscription Cards. We may make available Disney+ Subscription Cards redeemable for an eligible Service Tier. The purchase and redemption of Disney+ Subscription Cards are subject to the Terms and Conditions for Disney+ Subscription Cards which you can review at disneyterms.com/disneypluscardau.
e. Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or free trial or promotional offer period. Cancellation will take effect at the end of the current billing period or free trial or promotional offer period, unless otherwise disclosed. To cancel your Disney+ subscription, navigate to www.disneyplus.com/account/cancel-subscription and click "Complete Cancellation”. If you subscribed via a third party (e.g., an app store such as iTunes, Google Play, Amazon Store or Roku), please visit our Help Centre for instructions on how to cancel. Cancellation will only take effect at the end of your current billing period (or end of your free trial or promotional offer period), and you will still be able to access Disney+ until then. We do not refund or credit for partially used billing periods to the fullest extent permitted by law.
f. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. We may share your payment information within The Walt Disney Company (e.g., ESPN, Hulu, Marvel, Pixar, etc.), if you consent to such sharing during the purchase process. You are responsible for keeping your payment details up to date by changing the details in your account settings. Where your details change or are due to expire we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Disney+ Service. You authorise us to continue to charge your card using the updated information. In the event of a failed attempt to charge to our payment method (e.g., if your payment method has expired), we reserve the right to retry billing your payment method. If a payment is not successfully authorised due to expiration, insufficient funds or otherwise, we may suspend or terminate your subscription. To the extent permitted by applicable law, you also agree that we may charge your payment method on file if you decide to restart your Disney+ subscription.
g. Subscriptions Obtained Through Third Parties. If you obtain a Disney+ Service subscription via a third party (e.g., an app store), that subscription is also subject to the third party’s terms, and the provisions in this Disney+ Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds and payment do not apply to that subscription to the extent this Disney+ Subscriber Agreement conflicts with the applicable third party’s terms regarding subscription purchase, billing, cancellation/refunds and payments. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Disney+ Service subscription will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a Disney+ Service subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party. You can visit our Help Centre for instructions on how to cancel a Disney+ Service subscription obtained via a third party.
h. Bundled Subscription Options. We may offer a Disney+ Service subscription bundled with other subscription services, including subscriptions to third-party products and services. Notice of the terms of the bundled subscription options will be provided to you at the time you register. Third-party subscriptions, products and services are governed by terms of use issued by those third parties.
i. Additional Content. From time to time we may offer the opportunity to watch Disney+ Content (as defined below) that is not included in your Service Tier. For example, subscribers to a Service Tier that is otherwise limited to on-demand streaming may be able to watch certain live Disney+ Content. We offer this additional Disney+ Content on a promotional basis and retain sole discretion regarding the availability of the Disney+ Content, eligibility to watch the Content, and requirements to access the Disney+ Content.
j. Account Sharing. Unless otherwise permitted by your Service Tier, you may not share your subscription outside of your household. “Household” means the collection of devices associated with your primary personal residence that are used by the individuals who reside therein. Additional usage rules may apply for certain Service Tiers. For more details on our account sharing policy, please visit our Help Centre. We may, in our sole discretion, analyse the use of your account to determine compliance with this Agreement. If we determine, in our sole discretion, that you have violated this Agreement, we may limit or terminate access to the Disney+ Service and/or take any other steps as permitted by this Agreement (including those set forth in Section 6 of this Agreement). You will be responsible for any use of your account by your household, including compliance with this section.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the Territory and subject to the terms and conditions in this Disney+ Subscriber Agreement, Disney+ grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
i. Install and make non-commercial, personal use of the Disney+ Service; and
ii. stream or temporarily download copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images and artwork (the "Disney+ Content") that are available to you from the Disney+ Service.
This is a license agreement and not an agreement for sale or assignment of any rights in the Disney+ Content or the Disney+ Service. The purchase of a license to stream or temporarily download any Disney+ Content does not create an ownership interest in the Disney+ Content. Such Disney+ Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Disney+ Content, is owned by Disney+, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
b. Restrictions on Your Use of the Disney+ Content. You agree that as a condition of your license, you may not and agree not to:
i. circumvent or disable any content protection system or digital rights management technology used in connection with the Disney+ Service to control access to the Disney+ Content;
ii. copy the Disney+ Content (except as expressly permitted by this Disney+ Subscriber Agreement);
iii. rebroadcast, transmit or perform the Disney+ Content available via the Disney+ Service;
iv. create derivative works of the Disney+ Content; or
v. allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the Disney+ Service. You agree that as a condition of your license, you may not and agree not to:
i. move, decompile, reverse-engineer, disassemble or otherwise reduce to human-readable form the Disney+ Service and/or video player, its underlying technology, any digital rights management mechanism, device or other content protection or access control measure incorporated into the video player;
ii. modify the Disney+ Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Disney+ Content or the Disney+ Service;
iii. access or use the Disney+ Service in a manner that suggests an association with our products, services or brands
iv. use the Disney+ Service for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theatre, etc.) or build a business utilising the Disney+ Content or Disney+ Service, whether or not for profit;
v. create derivative works of any Disney-owned components of the Disney+ Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
vi. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Disney+ Service, including using any technology or technique to obscure or disguise your location when you are accessing the Disney+ Service;
vii. index, frame, embed or link to the Disney+ Service in a manner not authorised by us, or to collect information about users for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications;
viii. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Disney+ Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
ix. remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Disney+ Service;
x. damage, disable, overburden or impair the Disney+ Service, including by introducing viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
xi. use the Disney+ Service in any unlawful manner, (whether criminal or civil), for any unlawful purpose, or in any manner inconsistent with this Disney+ Subscriber Agreement, including in a manner that would violate our Privacy Policy or the rights of any third parties or otherwise interfere with any other person’s use and enjoyment of the Disney+ Service;
xii. share your login credentials, including any PIN details, or account with third parties, other than as expressly permitted by Section 2j. of this Agreement;
xiii. access the Disney+ Service from locations where we do not have rights, or that are not offered on your Service Tier, or where we do not make the Disney+ Service available; or xiv. otherwise allow or encourage third parties to violate the above restrictions.
d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of Disney+ and the copyright holder.
4. USAGE TERMS
a. Disney+ Compatible Devices and Software. Use of the Disney+ Service requires compatible devices, and certain software may require periodic updates and your use of the Disney+ Service may be affected by the performance of these elements. You agree to receive automatic software updates, including any files that are automatically delivered to you by us (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the Disney+ Service. You can access Disney+ Content with almost any internet-connected computer or through the Disney+ application available for certain mobile or other devices (internet connection required) (each, a "Compatible Device"). You are responsible for understanding and complying with any limitations on the use of Compatible Devices. Additionally, certain components of the Disney+ Service or Service Tiers may only be compatible with a subset of Compatible Devices or require download of certain software, even if other aspects of the Disney+ Service can be accessed on any Compatible Device. For specifics concerning supported devices, operating systems, web browsers and optimal streaming support, please visit our Help Centre. You can add a Compatible Device to your Disney+ account by downloading the Disney+ application to the Compatible Device and by signing into your Disney+ account through the application.
b. Internet Connection. You must have a high-speed internet connection in order to access and use certain aspects of the Disney+ Service.
c. Streaming Disney+ Content. Disney+ Content can be streamed through the Disney+ Service over an active internet connection. The number of concurrent streams available for use may be subject to limitations by Service Tier or type of Disney+ Content, and such limitations may change from time to time at our discretion. We will give you notice of any change to the number of concurrent streams in accordance with Section 1c.
d. Downloading Disney+ Content. Disney+ Content may be available for temporary download for viewing on certain Compatible Devices based on your Service Tier or type of Disney+ Content. The number of temporary downloads available for Compatible Devices and the length of time that certain temporary downloads remain available to you for offline viewing, may be subject to limitations by Service Tier, and such limitations may change from time to time at our discretion. We will give you notice of key changes to downloading Disney+ Content in accordance with Section 1c. Please visit our Help Centre for more information.
e. Disney+ Content Availability. The Disney+ Content that we make available through the Disney+ Service subscription may be limited by law or by the rights that certain of our third-party content providers grant us. Access to the Disney+ Service from locations where we do not have rights, that are not offered on your Service Tier, or where we do not make the Disney+ Service available is prohibited. Certain Disney+ Content available through the Disney+ Service may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Disney+ Service, and we may use different technologies and methods to verify your geographic location.
f. Future Unavailability. It is possible that the Disney+ Service and/or some or all Disney+ Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. Disney+ will take reasonable efforts to provide you with as much prior notice as possible; however, Disney+ shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access Disney+. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that, to the fullest extent permitted by law, we will not be liable to you for any modification, suspension or discontinuance of the Disney+ Service, although if you are a subscriber and we suspend or discontinue your subscription to the Disney+ Service, we will provide you with a credit, refund, discount or other form of consideration 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 terminate your account or suspend or discontinue your access to the service due to your violation of the Disney+ Subscriber Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.
g. Promotional and Experimental Features. In our continued assessment of the Disney+ Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Disney+ Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of Disney+ shall be governed by this Disney+ Subscriber Agreement and any additional terms you agree to when you install such update, modification or replacement version. You acknowledge that these are offered and implemented in our sole discretion, may be subject to additional terms and may not apply or be available to every subscriber. With respect to a promotional feature which is a rewards or perks program offered in connection with the Disney+ Service, you acknowledge and agree that you have purchased, or otherwise received the value of (e.g., by way of a free trial) a subscription to the Disney+ Service only, and have not paid for or been promised any specific value related to such a promotional feature, and you are not by virtue of subscribing to the Disney+ Service entitled to any benefit or value related to the promotional feature, and any benefit or value you may receive is a discretionary bonus only. Except to the extent required by law or as set out in this Agreement, Disney+ makes no representations or warranties of any kind as to the availability, value, frequency, duration, operation, accuracy or form of offers made or benefits or value offered or received under any such promotional feature.
5. USE AND SHARING OF CERTAIN INFORMATION
For more information about our collection, use and sharing of your information please refer to our Privacy Policy, which is incorporated herein by this reference.Disney+ reserves the right to, and you agree that Disney+ may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.
6. SUSPENSION AND TERMINATION
You agree that Disney+ may, in its sole discretion and without notice or liability to you, restrict, suspend or terminate your access to part or all of the Disney+ Service and to any Disney+ Content if Disney+ believes you are using or have used the Disney+ Service in violation of the Disney+ Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Disney+ may restrict or suspend your access to your Disney+ account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Disney+ reasonably believes that your Disney+ account has been created fraudulently, your Disney+ account has been accessed fraudulently, or anyone uses your Disney+ account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Disney+ also reserves the right, after notice to you, to terminate any Disney+ account that remains inactive for one year (failure to log in to your Disney+ account will constitute inactivity for the purposes of this Agreement).
To the fullest extent permitted by law, you agree that Disney+ will not be liable to you or to any third party for any such restriction, suspension or termination of your access to your Disney+ account or Disney+ Content. To the full extent permitted by law we also reserve the right to take appropriate legal action against you for violating intellectual property rights, fraud, or similar grounds for termination. Further, to the full extent permitted by law, our decision to delay exercising or enforcing any right or remedy under this Agreement will not constitute a waiver of such right or remedy with respect to any party.
UPON TERMINATION OF YOUR DISNEY+ ACCOUNT, WHETHER TERMINATED BY
DISNEY+ OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR
SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE
END OF THE BILLING PERIOD), YOU WILL IMMEDIATELY LOSE THE RIGHT TO
ACCESS STREAMED CONTENT THROUGH THE DISNEY+ SERVICE AND WITHIN A LIMITED PERIOD WILL LOSE THE RIGHT TO VIEW DISNEY+ CONTENT DOWNLOADED WITHIN THE DISNEY+ SERVICE.
7. DISPUTE RESOLUTION
a. 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 or its affiliates) that are not resolved informally, except Disputes relating to the ownership or enforcement of intellectual property rights. "Dispute" includes any dispute, action or other controversy, whether based on past, present or future events, between you and us concerning the Disney+ Service or this Agreement, whether in contract, tort, warranty, statute, regulation or other legal or equitable basis.b. In the event of a Dispute, you or Disney+ must send to the other party a notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualised claim, and the specific relief sought, 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 Dispute to The Walt Disney Company (Australia) Pty Ltd, Building 10, Level 3, 658 Church Street, Richmond Victoria 3121, Australia. We will send any notice of Dispute to you at the contact information we have for you. You and Disney+ will attempt to resolve a Dispute through informal negotiation within sixty (60) days from the date the notice of Dispute is sent. This informal negotiation requires an individual meet-and-confer in person, telephonically, or via videoconference that addresses only the dispute between you and us. If you are represented by counsel, your counsel may participate in the conference, but you will also need to individually participate. Disney+ will participate in the conference through one or more representatives, which may include our counsel. After that sixty (60) day period of informal negotiation and not before, and only after the completion of the dispute resolution conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. You may instead litigate a Dispute in the small claims division of a state or federal court or tribunal in Victoria, Australia or, if you do not live in Victoria, in the Australian state or territory in which you reside ("Small Claims Forum") if the Dispute meets the requirements to be heard in a Small Claims Forum, whether or not you negotiated informally first or completed a dispute resolution conference. However, nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any dispute resolution conference or filing in a Small Claims Forum.
c. If you and Disney+ do not resolve a Dispute by informal negotiation or do not litigate a Dispute in a Small Claims Forum, the Dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Commercial Arbitration Act 2011 (Vic) or equivalent legislation. 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 7. 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, Australia, in order to compel arbitration, to stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim and permitted by law.
d. 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.
e. Except as provided above with respect to jurisdiction in Victoria, Australia, nothing in this arbitration provision 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 the Disney+ Service or this Agreement.
f. Nothing in this Section 7 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.
8. ADDITIONAL PROVISIONS
a. We aspire for the Disney+ Service to provide an exceptional source of entertainment for you and your family. You understand and agree that the Disney+ Content you receive through the Disney+ Service is intended for informational and entertainment purposes only. The Content does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
b. Content Subjectivity. We strive to provide a variety of Disney+ Content or our diverse group of users to enjoy. Disney+ Content tends to elicit varying reactions among different people. You or your family may come across Disney+ Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you or your family will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Disney+ Content is appropriate for you and your family.
c. Photosensitivities. Disney+ Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities. Additionally, 4K Ultra HD content versions enable greater brightness and colour saturation that may also affect users.
d. Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD and 4K Ultra HD quality is available for certain Disney+ Content. That said, the playback quality of Disney+ Content, including resolution, may be affected by the format of the Disney+ Content, your location, the speed, bandwidth and specific terms of your internet service, and the devices and/or equipment used, among other factors. The time it takes you to begin viewing Disney+ Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Disney+ Content you have selected and the configuration of the device you are using. As a result, we are unable to make any warranties about the Disney+ Content in these respects.
e.Third-Party Services, Content and Devices. The Disney+ Service may integrate, be integrated into or be provided in connection with third-party services, content and devices. We do not control those third-party services, content and devices. You should read the terms of use, agreements, privacy policies, and safety information that apply to such third-party services, content and devices. If you access the Disney+ Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device) then Apple Inc., Google, Inc. or Microsoft Corporation respectively or another such company that offers a third-party service or device, shall be a third-party beneficiary to this Agreement and have the right to enforce this Agreement against you as a third-party beneficiary. However, these third-party beneficiaries are not parties to this Agreement, which is solely between you and Disney+. You agree that your access to the Disney+ Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service and you must comply with those terms of service, in addition to this Agreement. Disney+ is solely responsible for the Disney+ Service. You acknowledge that the third-party beneficiaries have no obligation whatsoever to furnish any maintenance and support services with respect to the Disney+ Service.
f. Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Disney+ Service, are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
g. Mobile Networks. When you access the Disney+ Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Disney+ Service may be prohibited or restricted by your network provider and the Disney+ Service may not work with your network provider or device.
h. Submissions and Unsolicited Ideas Policies. Our 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. Disney+ does not claim ownership over any ideas, suggestions or other materials submitted; however, as to such materials, 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, to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also agree not to enforce any moral, ancillary or similar rights in or to such materials against us, our licensees or other authorised users, and agree to procure the same agreement from others who may possess such rights.
i. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE THAT THE DISNEY+ CONTENT AND DISNEY+ SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, OTHER THAN THE WARRANTIES AND GUARANTEES REQUIRED BY LAW INCLUDING THE AUSTRALIAN CONSUMER LAW (TO THE EXTENT SUCH WARRANTIES AND GUARANTEES CANNOT BE EXCLUDED). TO THE FULLEST EXTENT PERMITTED BY LAW, DISNEY+, ITS AFFILIATES, LICENSORS, AGENTS AND SERVICE PROVIDERS (COLLECTIVELY, THE "DISNEY+ PARTIES") EACH EXPRESSLY DISCLAIM ANY SUCH WARRANTIES OR CONDITIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE DISNEY+ PARTIES DO NOT WARRANT THAT THE DISNEY+ CONTENT AND THE DISNEY+ SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISNEY+ PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE DISNEY+ CONTENT AND THE DISNEY+ SERVICE WILL MEET YOUR REQUIREMENTS. YOU AND NOT THE DISNEY+ PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE DISNEY+ CONTENT AND THE DISNEY+ SERVICE. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE DISNEY+ PARTIES BE LIABLE FOR ANY PERSONAL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE DISNEY+ CONTENT OR THE DISNEY+ SERVICE, HOWEVER CAUSED. 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). THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) AND EVEN IF THE DISNEY+ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THE DISNEY+ SUBSCRIBER 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 THE DISNEY+ SUBSCRIBER AGREEMENT APPLIES AS PROVIDED FOR IN THESE CONDITIONS TO THE FULL EXTENT PERMITTED BY LAW AND SUBJECT TO ANY SUCH NON-EXCLUDABLE RIGHT OR REMEDY.
j. Choice of Forum. Subject to Section 7, you agree that any action at law or in equity arising out of or relating to this Agreement shall be filed, and that venue properly lies, only in the state or federal courts located in the State of Victoria, Australia and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
k. 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.
l. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
m. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
n. Entire Agreement. This Disney+ Subscriber Agreement, and the provisions referenced herein, constitute the entire agreement between you and Disney+ pertaining to the subject matter hereof and to the fullest extent permitted by law supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Disney+ Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Updated: 23 September 2023
The Walt Disney Company (Australia) Pty Limited (ACN 054 610 025) ("Disney+", "we", "us”, "our") welcomes you to the Disney+ Service. The "Disney+ Service" includes the Disney+ website, application and associated content and services.
PLEASE READ THIS SUBSCRIBER AGREEMENT ("DISNEY+ SUBSCRIBER AGREEMENT", OR "AGREEMENT") CAREFULLY BEFORE USING THE DISNEY+ SERVICE.
THIS AGREEMENT WILL GOVERN YOUR USE OF THE DISNEY+ SERVICE. WHEN YOU CREATE A DISNEY+ ACCOUNT, YOU ALSO AGREE TO THE WALT DISNEY COMPANY’S TERMS OF USE, AVAILABLE AT
WWW.DISNEYTERMSOFUSE.COM AND AT THE END OF THIS AGREEMENT, WHICH GOVERN YOUR USE OF OTHER DISNEY SERVICES.You agree to the Disney+ Subscriber Agreement by clicking “Agree & Continue” or other industry standard mechanism during the Disney+ registration process and ratify your agreement when you use any aspect of the Disney+ Service. If you do not agree to the Disney+ Subscriber Agreement, you may not use the Disney+ Service. We may amend this Agreement. Any such amendment will be effective thirty (30) days following either our or our third party distribution partners’ dispatch of a notice to you or our or their posting of the amendment on the Disney+ Service or applicable third party distribution platform. If you do not agree to any change to this Agreement, you must discontinue using the Disney+ Service. Our customer service representatives are not authorised to modify any provision of this Agreement, either verbally or in writing.
List of Sections
1. User Eligibility and Registration
2. Subscription Terms
3. Copyright License Grant and Restrictions
4. Usage Terms
5. Use and Sharing of Certain Information
6. Suspension and Termination
7. Dispute Resolution
8. Additional Provisions
1. USER ELIGIBILITY AND REGISTRATION
Eligibility and Age Limitations. Only individuals who are usually a resident of the countries where we offer the Disney+ Service (collectively, the "Territory") are eligible to register for a Disney+ account. This Disney+ Subscriber Agreement governs for residents of Australia and all Australian territories. You must be 18 years of age to purchase the Disney+ service. The Disney+ Service is provided to individuals for their personal, non-commercial use only. Companies, associations and other groups may not register for a Disney+ account or use the Disney+ Service. Individuals under the age of 18 are not eligible for a Disney+ account and are not permitted to provide personal information to Disney+.
Registration. Only individuals that have registered for a Disney+ account, provide certain information (e.g., a valid email address) and agree to the Disney+ Subscriber Agreement are eligible to use the Disney+ Service. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Disney+ account. However, if you allow others to access your Disney+ account, this Agreement Privacy Policy, as well any specific consents you may have provided, also applies to their access, use and disclosure of information. You agree to immediately notify Disney+ of any unauthorised access to your Disney+ account. To the fullest extent permitted by law, Disney+ will not be responsible for any losses arising from the unauthorised use of your Disney+ account.
Notices. Any notices delivered to you in connection with this Disney+ Subscriber Agreement may be made as follows: (i) by Disney+ or an applicable third party distribution partner sending an email to the last email address provided by you or (ii) by posting a notice on the Disney+ Service or the third party distribution platform via which you subscribed to the Disney+ Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. 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.
2. SUBSCRIPTION TERMS
Subscription and Auto-Renewal. Your subscription to the Disney+ Service includes enrolment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing. In the event of a price change, we or an applicable third party distribution partner will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account, or by posting a notice on the Disney+ Service or the third party distribution platform via which you subscribed to the Disney+ Service. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email or notice and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorise us to charge your payment method these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Disney+ Service. Please check with your Internet provider for information on possible Internet data usage charges.
Free Trials. Your Disney+ Service subscription may begin with a free trial. Availability of a free trial is not guaranteed and, if available, is only available to those who have not previously used one for the Disney+ Service. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
- Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period or free trial. Cancellation will take effect at the end of the current billing period or free trial. To cancel your Disney+ subscription, navigate to www.disneyplus.com/account/cancel-subscription and click "Complete Cancellation”. If you subscribed via a third party (e.g. an app store such as iTunes, Google Play, Amazon Store or Roku), please visit our Help Centre for instructions on how to cancel. Cancellation will only take effect at the end of your current billing period (or end of your free trial), and you will still be able to access Disney+ until then. We do not refund or credit for partially used billing periods to the fullest extent permitted by law.
Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. We may share your payment information within The Walt Disney Company (e.g., ESPN, Hulu, Marvel, Pixar, etc.), if you consent to such sharing during the purchase process. You are responsible for keeping your payment details up to date by changing the details in your account settings. Where your details change or are due to expire we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Disney+ Service. You authorise us to continue to charge your card using the updated information. If a payment is not successfully authorised due to expiration, insufficient funds or otherwise, we may suspend or terminate your subscription. To the extent permitted by applicable law, you also agree that we may charge your payment method on file if you decide to restart your Disney+ subscription.
Subscriptions Obtained Through Third Parties. If you obtain a Disney+ Service subscription via a third party (e.g., an app store), that subscription is also subject to the third party’s terms, and the provisions in this Disney+ Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds and payment do not apply to that subscription to the extent this Disney+ Subscriber Agreement conflicts with the applicable third party’s terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Disney+ Service subscription will be billed by the applicable third party using the payment details you have provided to such third party. To cancel a Disney+ Service subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party. You can visit our Help Centre for instructions on how to cancel a Disney+ Service subscription obtained via a third party.
Bundled Subscription Options. We may offer a Disney+ Service subscription bundled with other subscription services, including subscriptions to third-party products and services. Third-party subscriptions, products and services are governed by terms of use issued by those third parties.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
License. Within the Territory and subject to the terms and conditions in this Disney+ Subscriber Agreement, Disney+ grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
Install and make non-commercial, personal use of the Disney+ Service; and
stream or temporarily download copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images and artwork (the "Disney+ Content") that are available to you from the Disney+ Service.
This is a license agreement and not an agreement for sale or assignment of any rights in the Disney+ Content or the Disney+ Service. The purchase of a license to stream or temporarily download any Disney+ Content does not create an ownership interest in the Disney+ Content. Such Disney+ Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Disney+ Content, is owned by Disney+, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
Restrictions on Your Use of the Disney+ Content. You agree that as a condition of your license, you may not and agree not to:
circumvent or disable any content protection system or digital rights management technology used in connection with the Disney+ Service to control access to the Disney+ Content;
copy the Disney+ Content (except as expressly permitted by this Disney+ Subscriber Agreement);
rebroadcast, transmit or perform the Disney+ Content available via the Disney+ Service.
create derivative works of the Disney+ Content; or
allow third parties to violate the above restrictions.
Restrictions on Your Use of the Disney+ Service. You agree that as a condition of your license, you may not and agree not to:
move, decompile, reverse-engineer, disassemble or otherwise reduce to human-readable form the Disney+ Service and/or video player, its underlying technology, any digital rights management mechanism, device or other content protection or access control measure incorporated into the video player;
modify the Disney+ Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Disney+ Content or the Disney+ Service;
access or use the Disney+ Service in a manner that suggests an association with our products, services or brands;
use the Disney+ Service for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theatre, etc.) or build a business utilising the Disney+ Content or Disney+ Service, whether or not for profit;
create derivative works of any Disney-owned components of the Disney+ Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Disney+ Service;
access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Disney+ Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
damage, disable, overburden or impair the Disney+ Service;
use the Disney+ Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Disney+ Subscriber Agreement;
share your login credentials with third parties; or
otherwise allow third parties to violate the above restrictions.
Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of Disney+ and the copyright holder.
4. USAGE TERMS
Disney+ Compatible Devices. Use of the Disney+ Service requires compatible devices, and certain software may require periodic updates; your use of the Disney+ Service may be affected by the performance of these elements. You can access Disney+ Content with almost any Internet-connected computer or through the Disney+ application available for certain mobile or other devices (Internet connection required) (each, a "Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support, please visit our Help Centre. You can add a Compatible Device to your Disney+ account by downloading the Disney+ application to the Compatible Device and by signing into your Disney+ account through the application.
Internet Connection. You must have a high-speed Internet connection in order to access and use certain aspects of the Disney+ Service.
Streaming Disney+ Content. Disney+ Content can be streamed through the Disney+ Service over an active Internet connection. Up to four (4) concurrent streams are allowed for each Disney+ account at any time. The number of concurrent streams available for use may change from time to time at our discretion. We will give you notice of any change to the number of concurrent streams in accordance with clause 1c.
Downloading Disney+ Content. Disney+ Content may be available for temporary download for viewing on certain Compatible Devices. Downloads are limited to a maximum of ten (10) Compatible Devices. You will not be permitted to download to an additional device once the maximum of ten (10) Compatible Devices has been reached. You must connect your Compatible Device to the Internet and access the Disney+ Service at least once every thirty (30) days for your downloaded Content to remain available for offline viewing. The length of time that certain temporary downloads remain available to you for offline viewing may change from time to time at our discretion.We will give you notice of any change to the length of time downloads remain available in accordance with clause 1c.
Profiles. Disney+ offers the option to personalise use of the Disney+ Service through the creation of one or more profiles under one account. You may designate a profile as a Kid profile, which will restrict viewing of certain Disney+ Content from within that profile. Please visit our Help Centre if you would like more information about Kid profiles.
Disney+ Content Availability. Certain Disney+ Content available through the Disney+ Service subscription may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Disney+ Service, and we may use different technologies and methods to verify your geographic location.
Future Unavailability. It is possible that the Disney+ Service and/or some or all Disney+ Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. Disney+ will take reasonable efforts to provide you with as much prior notice as possible; however, Disney+ shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access Disney+. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that, to the fullest extent permitted by law, we will not be liable to you for any modification, suspension or discontinuance of the Disney+ Service, although if you are a subscriber and we suspend or discontinue your subscription to the Disney+ Service, we will provide you with a credit, refund, discount or other form of consideration 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 terminate your account or suspend or discontinue your access to the service due to your violation of the Disney+ Subscriber Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.
Promotional and Experimental Features. In our continued assessment of the Disney+ Service, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Disney+ Service, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of Disney+ shall be governed by this Disney+ Subscriber Agreement and any additional terms you agree to when you install such update, modification or replacement version.
5. USE AND SHARING OF CERTAIN INFORMATION
For more information about our collection, use and sharing of your information please refer to our
Privacy Policy, which is incorporated herein by this reference.Disney+ reserves the right to, and you agree that Disney+ may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.
6. SUSPENSION AND TERMINATION
You agree that Disney+ may, in its sole discretion and without notice or liability to you, restrict, suspend or terminate your access to part or all of the Disney+ Service and to any Disney+ Content if Disney+ believes you are using or have used the Disney+ Service in violation of the Disney+ Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Disney+ may restrict or suspend your access to your Disney+ account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Disney+ reasonably believes that your Disney+ account has been created fraudulently, your Disney+ account has been accessed fraudulently, or anyone uses your Disney+ account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Disney+ also reserves the right, after notice to you, to terminate any Disney+ account that remains inactive for one year (failure to log in to your Disney+ account will constitute inactivity for the purposes of this Agreement).
To the fullest extent permitted by law, you agree that Disney+ will not be liable to you or to any third party for any such restriction, suspension or termination of your access to your Disney+ account or Content.
UPON TERMINATION OF YOUR DISNEY+ ACCOUNT, WHETHER TERMINATED BY DISNEY+ OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE BILLING PERIOD), YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS STREAMED CONTENT THROUGH THE DISNEY+ SERVICE AND WITHIN A LIMITED PERIOD WILL LOSE THE RIGHT TO VIEW DISNEY+ CONTENT DOWNLOADED WITHIN THE DISNEY+ SERVICE.
7. DISPUTE RESOLUTION
a. 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 or its affiliates) that are not resolved informally, except Disputes relating to the ownership or enforcement of intellectual property rights. "Dispute" includes any dispute, action or other controversy, whether based on past, present or future events, between you and us concerning the Disney+ Service or this Agreement, whether in contract, tort, warranty, statute, regulation or other legal or equitable basis.
b. In the event of a Dispute, you or Disney+ must 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 Walt Disney Company (Australia) Pty Ltd, Building 10, Level 3, 658 Church Street, Richmond Victoria 3121, Australia. We will send any notice of Dispute to you at the contact information we have for you. You and Disney+ will attempt to resolve a Dispute through informal negotiation within sixty (60) days from the date the notice of Dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. 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. If you and Disney+ do not resolve a Dispute by informal negotiation or do not litigate a Dispute in a Small Claims Forum, the Dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Commercial Arbitration Act 2011 (Vic) or equivalent legislation. 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 clause 7. 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, Australia, in order to compel arbitration, to stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim and permitted by law.d. 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.
e. Except as provided above with respect to jurisdiction in Victoria, Australia, nothing in this arbitration provision 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 the Disney+ Service or this Agreement.
f. Nothing in this clause 7 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.
8. ADDITIONAL PROVISIONS
You understand and agree that the Disney+ Content you receive through the Disney+ Service is intended for informational and entertainment purposes only. The Content does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
Content Subjectivity. Disney+ Content tends to elicit varying reactions among different people. You may come across Disney+ Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Disney+ Content is appropriate for your family.
Photosensitivities. Disney+ Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities. Additionally, 4K Ultra HD content versions enable greater brightness and colour saturation that may also affect users.
Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD and 4K Ultra HD quality is available for certain Disney+ Content. That said, the playback quality of Disney+ Content, including resolution, may be affected by the format of the Disney+ Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices used, among other factors. The time it takes you to begin viewing Disney+ Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Disney+ Content you have selected and the configuration of the device you are using. As a result, we are unable to make any warranties about the Disney+ Content in these respects.
Third-Party Services and Content. The Disney+ Service may integrate, be integrated into or be provided in connection with third-party services and content. We do not control those third-party services or content. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Disney+ Service using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device), you acknowledge your use of Disney+ will also be subject to the terms of service of Apple Inc., Google, Inc. or Microsoft Corporation respectively or another such third party company that offers a third-party service or device. You agree that your access to the Disney+ Service using these devices also shall be subject to the usage terms set forth in the applicable company's terms of service.
Mobile Networks. When you access the Disney+ Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Disney+ Service may be prohibited or restricted by your network provider and the Disney+ Service may not work with your network provider or device.
Submissions and Unsolicited Ideas Policies. Our 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. Disney+ does not claim ownership over any ideas, suggestions or other materials submitted; however, as to such materials, 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, to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also agree not to enforce any moral, ancillary or similar rights in or to such materials against us, our licensees or other authorised users, and agree to procure the same agreement from others who may possess such rights.
Contact Information. You may contact Disney+ as follows:
by phone on: 1800-965-160
by email at: help@disneyplus.com.auDISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT AND DISNEY+ SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, OTHER THAN THE WARRANTIES AND GUARANTEES REQUIRED BY LAW INCLUDING THE AUSTRALIAN CONSUMER LAW (TO THE EXTENT SUCH WARRANTIES AND GUARANTEES CANNOT BE EXCLUDED). TO THE FULLEST EXTENT PERMITTED BY LAW, DISNEY+, ITS AFFILIATES, LICENSORS, AGENTS AND SERVICE PROVIDERS (COLLECTIVELY, THE "DISNEY+ PARTIES") EACH EXPRESSLY DISCLAIM ANY SUCH WARRANTIES OR CONDITIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE DISNEY+ PARTIES DO NOT WARRANT THAT THE DISNEY+ CONTENT AND THE DISNEY+ SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISNEY+ PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE DISNEY+ CONTENT AND THE DISNEY+ SERVICE WILL MEET YOUR REQUIREMENTS. YOU AND NOT THE DISNEY+ PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE DISNEY+ CONTENT AND THE DISNEY+ SERVICE.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE DISNEY+ PARTIES BE LIABLE FOR ANY PERSONAL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE DISNEY+ CONTENT OR THE DISNEY+ SERVICE, HOWEVER CAUSED. 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). THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) AND EVEN IF THE DISNEY+ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.FOR THE AVOIDANCE OF DOUBT, NOTHING IN THE DISNEY+ SUBSCRIBER 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 THE DISNEY+ SUBSCRIBER AGREEMENT APPLIES AS PROVIDED FOR IN THESE CONDITIONS TO THE FULL EXTENT PERMITTED BY LAW AND SUBJECT TO ANY SUCH NON-EXCLUDABLE RIGHT OR REMEDY.
Choice of Forum. Subject to clause 7, you agree that any action at law or in equity arising out of or relating to this Agreement shall be filed, and that venue properly lies, only in the state or federal courts located in the State of Victoria, Australia and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
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.
Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
Entire Agreement. This Disney+ Subscriber Agreement, and the provisions referenced herein, constitute the entire agreement between you and Disney+ pertaining to the subject matter hereof and to the fullest extent permitted by law supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Disney+ Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.