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Disney+ Terms & Conditions - Globe

GLOBE TERMS OF USE

Disney+ is offered to subscribers of Globe Telecom, Inc (“Globe”).


If you are a Globe mobile or broadband subscriber, your use of the Disney+ Service (“Service” or “Disney+”) shall also be governed by the Disney+ Subscriber Agreement and Privacy Policy (“Disney+ T&Cs”), your Subscription Agreement with Globe found at www.globe.com.ph, as well as these Globe Terms of Use (“ToUs”). Use of the Service will require acceptance of Disney+ T&Cs. 


Please read these ToUs prior to your subscription to and/or use of the Service as a Globe subscriber.


You agree that these ToUs form a legally binding agreement between you and Globe. Your agreement to these ToUs is a requirement for your registration to the Service. 


Your continued use of the Service shall be deemed an acceptance of these ToUs, as well as any revision or modification of the same without prior notice.


DEFINITION OF TERMS:


“Globe Service Subscription Plan” shall mean the prepaid or postpaid, mobile or broadband subscription plan which a Globe Subscriber may avail to enjoy the Globe Services.


“Globe Service” shall mean the mobile telco services and/or the broadband services of Globe or Innove Communications, Inc., respectively. 


“Content” shall mean the audio and audiovisual content on the Service, as selected and programmed by Disney+.


“Subscription Fees” shall mean the fees paid to Globe by a Globe Subscriber to be able to enjoy the mobile telco and/or broadband services, and/or for access to the Service, whether under a Bundled Offer (defined below) or on an a la carte basis.


“Service Subscription Plan” shall mean the prepaid or postpaid subscription to access the Service, whether under a Bundled Offer (defined below) or on an a la carte basis paid via Direct Carrier Billing.


“Direct Carrier Billing” shall mean that a Globe Subscriber is allowed to pay the Subscription Fee by charging the same directly to the Globe Subscriber’s prepaid account via deduction of the amount, or by adding such cost to such Globe Subscriber’s postpaid bill in accordance with a monthly billing cycle. 


“Authorized Billing Partner” means any third party billing mechanism provider engaged by Globe to process and fulfill subscriber orders or Globe’s behalf including but not limited to GCash.


I. USAGE OF THE SERVICE


  1. You acknowledge and agree that the continued provision of the Service to you by Globe is subject to the following conditions:

    1. You shall at all times comply with all applicable laws, regulations, or other applicable restrictions on your use of the Globe Service Subscription Plan, the Service or any Content therein;

    2. You shall ensure that all information you provide to Globe or Disney+ is complete, accurate and up-to-date, and that, in the event of any change in such information, you shall promptly inform Globe of such change, in such form as may be required by Globe;

    3. You shall bear the sole responsibility for the use and safeguarding of your personal information (e.g. username, passwords, PINs, etc.) when using the Service; and

    4. You have paid, or will pay, all applicable Subscription Fees.

  2. You warrant and undertake that you shall use the Service in the Philippines, and only for personal and non-commercial purposes.

  3. Streaming, download, re-download, temporary storage, display and viewing of Content shall be subject to the limits and restrictions set out in the Disney+ T&C.

  4. You shall not reproduce, distribute, modify, publish, license, create derivative work from, offer for sale, or use (in an unauthorized manner) Content and information contained on the Service.

  5. You shall not remove, alter, deactivate, circumvent, degrade or thwart any protection any Content Protection Technology or mechanism used on or by the Service.

  6. In relation to the use of the Service, in the event of any inconsistency between these Terms of Use and the Disney+ T&Cs, the Disney+ T&Cs shall prevail.  


II. BILLING AND PAYMENT


  1. You acknowledge and agree that you have authorized Globe (or its Authorized Billing Partner, where applicable) to charge you a Subscription Fee, at the current prevailing rate posted on Globe’s website found at www.globe.com.ph (either an a la carte fee, or as an optional add-on, or as part of an aggregate or bundled fee), for the right to access the Service via Direct Carrier Billing in accordance with Globe’s prevailing billing cycles.

  2. You acknowledge and agree that you are solely responsible for monitoring when your selected Service Subscription Plan ends. This notwithstanding, Globe may, at least three (3) days prior to the end of any applicable selected Service Subscription Plan (including any offers that may entitle you to Disney+ at no additional charge), send you notice that the selected Service Subscription Plan will expire on a date stated in the said notice. 

  3. You are responsible for paying the Subscription Fee due for each Service Subscription Plan period, even if you cancel the subscription before it ends. All payments of Subscription Fees are non-refundable unless required by applicable laws.  

  4. Globe reserves the right to change and amend, at any time, the Service Subscription Plans, the Subscription Fees for the Service and the billing cycles. Such amendments shall be effective upon posting thereof on www.globe.com.ph or on such date as may be otherwise or communicated to the subscribers. Your continued use of the Service shall be deemed to be your conclusive acceptance of such amendments.


III. Bundled Offers


  1. Globe may offer Disney+ bundled along with Globe’s products and services either as an optional add-on for an additional fee, or bundled together for a single price with Globe’s other products and services (a “Bundled Offer”). From time to time Globe may also run special promotions which may entitle subscribers to Disney+ at no additional charge. Globe will notify eligible subscribers of the details of any applicable Bundled Offers (including a particular pricing plan, offer period, the terms and conditions for the relevant offer). 

  2. You understand and agree that, should you be eligible for and should you avail of a Bundled Offer, the terms and conditions applicable to such Bundled Offer shall apply during the relevant offer period (“Offer Period”) and will prevail to the extent that such terms and conditions of the Bundled Offer are inconsistent with the terms of these ToUs. In all other matters not covered by the Bundled Offer’s terms and conditions, the terms and conditions of these ToUs will continue to apply.

  3. After the Offer Period expires, any additional terms and conditions applicable to the Bundled Offer will terminate and these ToUswill apply.

  4. There may be additional Terms and Conditions applicable to your Globe Service Subscription Plan in relation to the underlying Globe service available at www.globe.com.ph


IV. Coupon Codes


  1. When you subscribe for Disney+, whether: (i) on an a la carte basis or (ii) via a Bundled Offer, you will receive a coupon code for a corresponding Plan Type (“Coupon Code”) from Globe, to access the Service. 

  2. The Coupon Code is applicable only for new and returning subscribers, subscribing to the Service with the right to access and use Disney+ in accordance with the terms hereof.

    For the purposes of these terms:

    1. “existing subscriber(s)” will mean subscribers who have a valid subsisting subscription to Disney+ on a Plan Type (whether through Globe or Disney directly).

    2. “new subscriber(s)” will mean subscribers who have not previously subscribed to Disney+.

    3. “returning subscriber(s)” will mean:  those subscribers whose subscription to the Service has expired.

  3. There are currently four plan types for Disney+: 

    1. Mobile Monthly Plan (which entitles you to 30 days access to Disney+ on a mobile-only version)  

    2. Mobile Annual Plan (which entitles you to 1 year access to Disney+ on a mobile-only version); 
    3. Premium Monthly Plan (which entitles you to 30 days access to Disney+ on a premium version); and    

    4. Premium Annual Plan (which entitles you to 1 year access to Disney+ on a premium version) 

      (each, a “Plan Type”). 

  4. Each Plan Type is non-stackable across any other Plan Type. If you are an existing subscriber on one Plan Type and try to redeem a Coupon Code on another Plan Type, both Plan Types will run in parallel. Existing subscribers of Disney+ on one Plan Type should only redeem Coupon Codes for that Plan Type on the same mobile number. If you want to switch to a new Plan Type, you should wait until your current Plan Type expires before using the same mobile number to redeem a new Plan Type. 


    EXAMPLE: If you have an existing Mobile Monthly Plan, and you want to redeem a Mobile Annual Plan, you should wait until your Mobile Monthly Plan expires, before redeeming a Mobile Annual Plan voucher. Otherwise, both plans will run in parallel.

    For the purposes of these terms:

    1. “existing subscriber(s)” will mean subscribers who have a valid subsisting subscription to Disney+ on a Plan Type (whether through Globe or Disney directly), excluding subscribers mentioned in (ii) of ‘returning subscribers’.

    2. “new subscriber(s)” will mean subscribers who have not previously subscribed to Disney+.

    3. “returning subscriber(s)” will mean: (i) those subscribers whose subscription to the Service has expired; and/or, (ii) those subscribers on a monthly subscription whose subscription to the Service is due to expire in less than 7 days or subscribers on an annual subscription to the Service whose subscription is due to expire in less than 30 days.5.   To redeem a Coupon Code, it must be entered during sign up on the website available atapps.disneyplus.com/redeem.

  5. The duration of the Coupon Code will be as set out in the Bundled Offer, or on an A la Carte basis.  To continue your subscription of the Service after the expiry of the Coupon Code, you will need to subscribe to another Bundled Offer or on an a la carte basis via Globe.

  6. Each Coupon Code will have a redemption expiry date, after which the Coupon Code will no longer be valid for redemption. No refunds will be given for failure to redeem a Coupon Code within the redemption period, or for any lost, misused, expired, or stolen Coupon Codes.

  7. Coupon Codes can only be used once.

  8. Coupon Codes offered by Globe under these Terms of Use are non-stackable with any other third party promotion, offer or package, and cannot be used in conjunction with other promotional offers or promotions of any kind.

  9. Coupon Codes are not transferable.

  10. Coupon Codes are not redeemable for cash.

  11. In the event of fraud, misuse or similar conditions, Disney reserves the sole and absolute right to alter or end the Coupon Code redemption or terms and conditions herein at anytime, without giving prior notice or compensation in cash or kind.

  12. Disney and Globe will not be responsible or liable in case the Coupon Code is not configured or could not be availed or redeemed due to malfunction, delay, traffic congestion on any telephone network or line, computer on-line system, servers or providers, computer equipment, software, or website.

  13. The Coupon Code is only for Globe customers, who are individuals residing in the Philippines, and above the age of 18. The Coupon Code can only be redeemed in the Philippines.

  14. Upon redeeming a Coupon Code, the subscriber’s use and access of the Service will be governed by the Disney+  Privacy Policy, Supplemental Privacy Policy for Philippines, and Subscriber Agreement unless expressly stated otherwise herein.

  15. Disney reserves the sole and absolute right to disqualify any user or subscriber or reject a user or subscriber deemed ineligible for the promotion (be it under these terms and conditions, the Disney+ Privacy Policy, Supplemental Privacy Policy for Philippines, or Subscriber Agreement).

  16. You hereby agree to indemnify and hold Disney/Globe harmless from and against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by Disney as a consequence of violation of these terms and conditions by you.

  17. Disney/Globe shall not be liable for any indirect, punitive, special, incidental or consequential damages arising out of or in connection with the Coupon Code and/or these terms and conditions.


V. ACCESS, USAGE DATA AND OTHER INFORMATION


  1. Your Globe Service Subscription Plan to which the Service is bundled or your a la carte subscription to the Service is associated with a unique identifier associated with your Service Account. You acknowledge that, in addition to the unique identifier, Globe is able to collect data about you during your registration to the Service, your Globe Service Subscription Plan, your selected Service Subscription Plan, your location, as well as your Service payment patterns (“Subscriber Data”). 

  2. You hereby affirmatively agree, consent to, and authorize Globe to provide Disney+ and/or any of its technical service providers with Subscriber Data, any information associated with your Service Account, or any information disclosed by you to Globe or collected by Globe (including any information collected, used or disclosed as disclosed in Globe’s Privacy Policy found at https://www.globe.com.ph/privacy-policy), which is reasonably requested by Disney+ which shall be necessary for you to complete the Service registration process (including communications regarding activation or completion of your journey to access the Service), for Globe to execute the validation process for you to have access to the Service, to plan and map out your experience as a customer of the Service under the Globe network, to enable Globe and/or Disney+ to provide customer service and support, to investigate fraud, misconduct, any unlawful act or omission, to meet legal, regulatory and other compliance requirements, as well as to enable Globe to create new products and/or services and/or improve or upgrade its existing product and/or service offerings to Globe subscribers. 

  3. You agree that Globe may retain all Subscriber Data for the purposes of the Service and notwithstanding termination of the Service.


VI. LIMITATION OF LIABILITY


  1. You acknowledge and agree that the provision of the Service to you is subject to the availability and connectivity of a suitable network infrastructure at the time when the Service is requested or performed. You understand and agree that any failure in the subscriber validation process, as well as the systems or technology underlying the Globe network, the Globe Service and/or the Service could result in a denial to you of access to the Service until such process, system or technology failures are resolved. You acknowledge and agree that Globe shall not in any way be liable for any failure in the subscriber validation process, systems or technology underlying the Globe network or the Service. 

  2. Globe expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind (including warranties of non-infringement of Intellectual Property rights), whether express or implied, statutory or otherwise, or any representations or warranties arising from usage or custom or trade or by operation of law, including without limitation as to the sequence, originality, correctness, completeness, accuracy, merchantability or fitness for any particular purpose, relating to or arising from the use of the Service, Application and / or Website.

  3. Globe shall not be liable in any way to you for any and all losses, liabilities, costs, damages, claims expenses or compensations (including any refunds) whatsoever (whether direct, indirect or consequential (including damages arising from cyber-attacks)) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise), in connection with:

    1. The download of any software or content from the Service;

    2. The provision and use of the Service;

    3. Any defect, error, failure, delay interruption to or disruption of the Service; and/or

    4. The suspension, termination or discontinuance of the Service. Save where such losses or damages arise directly and solely as a result of Globe's fraud, gross negligence or willful misconduct.

  4. Globe shall not be liable in any way to you for any and all losses, liabilities, costs, damages, claims expenses or compensations (including any refunds) whatsoever (whether direct, indirect or consequential (including damages arising from cyber-attacks)) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise), in connection with:

    1. Any omission, defect or error in any content, products or services of any third party website accessed from the Service; and/or

    2. Any act or omission of any third party mobile application store provider in connection with the distribution of the Service mobile application.

  5. To the extent that the limitation of liability set out above is not permitted by applicable law, Globe’s liability to you whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to your use of the Service or otherwise in relation to the ToU shall not exceed the aggregate amount paid by you to Globe at the material time of loss, or the actual loss or damage, whichever is the lower.

  6. To the extent permitted by applicable law, Globe does not represent or provide any warranty that:

    1. The Service will meet your requirements;

    2. The Service will always be available, accessible, function or inter-operate with any mobile network, network infrastructure, system or otherwise to any extent, or such other services as Globe may offer from time to time; and/or

    3. Your access to or use of the Service will be uninterrupted, timely, secure or error-free.


VII. INDEMNITY


  1. To the extent permitted by applicable law, you shall indemnify, defend and hold harmless Globe, and its shareholders, directors, officers, employees, suppliers, licensors and agents, and any third party content providers, (the “Indemnified Parties”), from and against any and all losses, liabilities, costs (including legal costs on a full indemnity basis), damages, claims, expenses, actions and proceedings whatsoever, which may be brought or commenced against any Indemnified Party by any person or which any Indemnified Party may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of:

    1. Your use of the Globe Service and/or the Service;

    2. Your breach of any provision of these ToU and/or the Disney+ Terms and Conditions; and/or 

    3. Your violation of any rights of third party,


      save where such losses, damages, claims, costs, expenses, actions, claims and proceeding are directly and solely caused by Globe’s gross negligence or willful misconduct.

  2. Your obligations under this Clause shall survive any termination of your relationship with Globe or your access to and / or use of the Service, Application and / or Website. Globe reserves the right to assume the defense and control of any claims, demands and actions, subject to indemnification by you, in which event you shall cooperate with Globe in asserting any available defenses.


VIII. GOVERNING LAW AND VENUE


This Agreement shall be governed by and construed in accordance with the laws of the Philippines, without regard to any conflicts of law rules. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be settled by arbitration in accordance with the Philippine Dispute Resolution Center, Inc. (PDRCI) Arbitration Rules then in force. Any other cause of action the exclusive jurisdiction over which is conferred upon the regular courts shall be filed, prosecuted, or enforced exclusively with/through the appropriate court in the City of Taguig, Philippines.


IX. TERMINATION


  1. If you are a Globe subscriber, Globe reserves the right to suspend, indefinitely or for such period as Globe may consider appropriate, or terminate the Service at any time for causes specified in the Subscription Agreement for terminating your Globe Service Subscription Plan, with immediate effect or on such other date as Globe may state.

  2. If you decide to suspend or terminate the Service, you must submit a request to Globe (in such form as Globe may specify from time to time) to effect such suspension or termination. You acknowledge and agree that you will be subject to such terms and conditions as may be applicable to you in respect of such suspension or termination.

  3. Notwithstanding anything contained herein and without prejudice to the above provisions, Globe may suspend (indefinitely or for such period as Globe may consider appropriate) or terminate the provision of the Service to you by written notice to you if:

    1. You have, or Globe has reason to believe that you have, committed a breach of any of the provisions of these ToU, the Disney+ T&Cs, or your Subscription Agreement with Globe;

    2. You have, or Globe has reason to believe that you have, misused, or are likely to misuse the Globe Service and/or the Service (including any unauthorized use or for any criminal or illegal purpose);

    3. Globe is required to do so in order to comply with any applicable law or any direction, order or requirement of any regulatory authority or law enforcement body;

    4. You caused or are likely to cause any failure, interruption, disruption or congestion of or in any network, system or service relating to the Globe Service and/or the Service;

    5. You have, in Globe’s sole opinion, perpetrated a fraud on Globe, or have acted in a manner which may result to a perpetration of such fraud;

    6. You do not provide, or you have withdrawn your consent given in Clause III above, such that Globe is unable to continue providing the Service to you.

  4. You shall not be entitled to any payment, compensation or damages from Globe in relation to the termination of the provision of the Service to you. The termination of the provision of the Services to you shall not release you from any liability which had already accrued at the time of the termination.


X. GENERAL PROVISIONS


  1. WAIVER. No failure to exercise or enforce, and no delay on the part of Globe in exercising or enforcing its rights under these ToU shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of Globe at any time.

  2. ASSIGNMENT. You shall not assign, transfer or encumber any or all of its rights, interest and obligations under these ToU without the prior written consent of Globe. You agree that Globe may assign and transfer any or all of its rights, interests and obligations under these ToU to any other entity at Globe’s discretion and without any further consent or agreement required from you. Any such assignment or transfer shall take effect upon posting on Globe’s website or on such date as may be stated.

  3. NOTICES AND CORRESPONDENCE. All notices and communications by Globe to you may be sent to you by e-mail, SMS or any other means deemed appropriate by Globe. Any such notice, demand or communication addressed to you shall be deemed to have been received by you, in the case of dispatch by e-mail, SMS or other instantaneous electronic communications, immediately upon transmission by Globe.


    All notices and requests from you to Globe shall be in writing unless Globe specifies to you otherwise. Globe shall be entitled to regard as ineffective and invalid any notice or request of yours, the receipt of which has not been confirmed by Globe to you.

  4. SEVERABILITY. Any part of any provision of these ToU that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of the ToU, which shall continue to be valid and enforceable to the fullest extent permitted by law.

  5. FORCE MAJEURE. Globe shall not be liable to you or be deemed to be in breach of these ToU by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to a Force Majeure Event. A “Force Majeure Event” means any event or circumstance (including any network failure or system downtime in respect of the Service) the occurrence and the effect of which Globe is unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care on the part of Globe.

  6. CONTACT METHODS. You may contact us for any concern regarding the Service through the following:


    Customer Care:

    https://m.me/globeph

    https://m.me/globeathome

    https://m.me/tmtambayan

    https://m.me/theaofglobeplatinum


    Sales:

    https://new.globe.com.ph/


    Loyalty:

    https://new.globe.com.ph/plan-renewal


    Roaming:

    +6327301212

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