Wizarding World Gold – Terms of Purchase (US)


Effective Date: October 14, 2019

Welcome to Wizarding World Gold (“Gold”). Thank you for your interest in subscribing for Gold membership, a service provided by us, Wizarding World Digital LLC.

These terms apply if you are a consumer residing in the United States. If you reside in the UK, the purchase terms contained in the Terms of Purchase for UK residents govern your Gold purchase.

If you are a US-resident purchaser, please read these terms carefully. THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE CERTAIN LIMITATIONS OF LIABILITY.

By placing a Gold order:

• you agree to be legally bound by these terms, as well as our Terms of Use and any relevant additional app-store or retailer terms (which are incorporated into these terms by reference as far as relevant to your interaction with such app store or retailer); and

• you acknowledge the collection and use of your personal information and use of cookies by or for us and/or our subsidiary Wizarding World Digital Limited, as described in our Privacy Policy or, if you are a child, our Children’s Privacy Policy.

If you do not wish to be bound by this contract, please do not place a Gold order.

Terms of Purchase – Contents

To navigate, you can click on the topic below that interests you.

  1. Purchases of Subscriptions Generally
  2. Subscription Term & Termination
  3. Promotional Offerings
  4. Auto-Renewal of Subscription
  5. Terminating Your Subscription
  6. Methods of Payment, Credit Card Terms and Taxes
  7. Refund Policy
  8. Order Acceptance Policy
  9. No Responsibility to Sell Mispriced Services
  10. Modifications to Prices or Billing Terms
  11. Subscription Benefits
  12. Gold In A Box
  13. Gifts and Codes
  14. Changes to your Gold package, a Gold-related item or these terms
  15. Other important terms

1 Purchases of Subscriptions Generally

You can subscribe for a Gold membership subscription (“subscription”) via our website or through installing our app via selected app stores, whose terms of purchase will apply in addition to these terms. Our subscription package includes access to ebooks of the original Harry Potter stories, a welcome pack and the various other services, items of content, products and other features and benefits described on our Learn about Gold page (the “Gold benefits”). Most of your purchased subscription benefits, such as access to Wizarding World digital content, will be made available to you via the respective online, digital or mobile services that we or the relevant app-store operators provide to you from time to time. To access some of the Gold benefits (including the ebooks of the original Harry Potter stories), you will need to download the Wizarding World app onto a compatible mobile device. The Gold benefits are subject to change from time to time.

To purchase a subscription, you must be at least eighteen (18) years of age or the applicable age of majority in your state or jurisdiction of residence. Except for subscriptions purchased directly through an app store, prior to the purchase of a subscription, you must provide us with a valid credit card number or debit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your card number, (iii) the card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience. For any subscription you purchase on the service, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. We will automatically bill your credit card or other form of payment submitted as part of the order process for such price. We may offer a number of subscriptions plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these terms will be disclosed at your sign-up or in other communications made available to you. If you purchase Gold, then after you have activated your subscription (and after any relevant pre-order period has finished, you can check the main details of your subscription at any time by visiting our service and accessing the settings section in your Wizarding Passport. We reserve the right to modify, limit, restrict, terminate or otherwise amend our offered subscription plans. All use that you make of any subscription that you access under these terms will be governed by the limited license that is described in section 3 of the Terms of Use. Any query or dispute about eligibility for subscription will be resolved by us in our sole discretion.

2 Subscription Term & Termination

Any Gold membership that you buy for yourself will need to be started by redeeming the code that is issued to you after purchase, unless you make an in-app purchase of Gold via our mobile app, which will not require redemption of a code to activate your subscription. Except in the event described on our service, such as in the event of a pre-order period prior to launch of the service, or if we otherwise notify you, your subscription will commence as of the date your membership activates on the service. Your subscription will continue in full forceon a twelve (12) month term and will automatically renew on a rolling yearly basis for successive periods of twelve (12) months, with each additional annual period starting immediately on the expiry of the previous annual subscription period until such time as you terminate the subscription as further explained in Section 5 below (the “subscription term”). In the event that you cancel a subscription prior to the end of your subscription term, you will not be entitled to receive a refund for the unused portion of the remainder of that subscription term. We will have the right, upon written notice to you, to terminate these terms, and suspend your access to your subscription, if: (a) you fail to pay us any amount due under these terms; and/or (b) if you breach any term or condition of these terms. We shall have the right to terminate these terms and suspend your access to your subscription with or without cause, upon thirty (30) days written notice to you in which case you will no longer be charged for access to the subscription. Upon the expiration or termination of these terms for any reason, your access to, and use of, your subscription will terminate.

3 Promotional Offerings

We may offer promotional trial subscriptions to access the service for free for a limited time or at special discounted prices. In addition to these terms, you may also be subject to individual offer terms that apply to any special offer (such as a trial, discount, upgrade or additional product) that you choose as part of, or during, your subscription (“special offer”), and those special offer terms will form part of these terms. Any such special offer terms will be made available to you when you choose the special offer concerned. If you sign up for a special offer, your rights to use the service are limited by the terms of such special offer and will terminate or renew on the terms of your special arrangement and/or any applicable additional terms. Please note that we do not provide price protection or refunds in the event of a price drop or special offer. ONCE YOUR SPECIAL OFFER ENDS, WE OR A THIRD PARTY PAYMENT PROCESSOR WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR SPECIAL OFFER. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED BELOW. PLEASE NOTE THAT YOU MAY NOT RECEIVE A NOTICE FROM US THAT YOUR SPECIAL OFFER HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE SPECIAL OFFERS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.

4 Auto-Renewal of Subscription

Except for Gifts In a Box (defined below) and gift subscriptons where autorenewal is not mentioned on your order page and/or order confirmation, your subscription to the service will automatically renew at the end of your subscription term continuously and indefinitely (for successive periods of twelve (12) months) without action by you, and the subscription fee is charged to you at the time of renewal. A member whose subscription fee has been paid is entitled to all privileges included in the subscription until the subscription is terminated by the enrolled member as set forth in Section 5 below. By providing your payment method information for your subscription, you are agreeing to pay a subscription fee, that will automatically renew for successive periods of twelve (12) months, at the then current rate, unless you cancel prior to the expiration of the current subscription term, and any applicable taxes and service fees (collectively, “fees”). The fees will be charged to your original payment method automatically at the beginning of your subscription term, and at the beginning of each renewal subscription term thereafter on the calendar day corresponding to the commencement of your current subscription term, unless you cancel your subscription or your account is suspended or terminated pursuant to these Terms. The renewal subscription term will be the same length as your initial subscription term unless otherwise disclosed to you at the time of sale. The rate for the renewal subscription term will be the then current subscription-rate unless you are notified of a different rate prior to the auto-renewal of your subscription. The fees charged to your payment method may vary from subscription term to subscription term due to changes in your subscription plan or applicable taxes, and you authorize us to charge your payment method for these amounts. We reserve the right to change the pricing of a subscription at any time. In the event of a price change, we will post the new pricing on the service and attempt to notify you in advance by sending an email to the address you have registered for your account. You agree that we may change the pricing we charge you for your subscription and any products/services offered in your subscription package by providing you with notice through an electronic communication from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing and the details of our subscription packages through an electronic communication to you. If you do not wish to accept a price or subscription package change made by us, you may cancel your subscription as described below, otherwise you will be deemed to have consented to the price/subscription package change and authorize us to charge the new fees to your payment method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify us within sixty (60) days after they first appear on an account statement.

5 Terminating Your Subscription

A member will have the right to cancel or terminate his or her subscription at any time by visiting the service and completing the termination form available here. Termination of an initial membership subscription any time after purchase will result in forfeiture of the full fee you paid for your subscription. To avoid paying the subscription renewal fee, subscriptions must be terminated prior to the end of the then current subscription term. Upon termination, after your current subscription term ends, you will lose access to the areas of the service designated for subscribers only.

6 Methods of Payment, Credit Card Terms and Taxes

Except for subscriptions purchases directly through an app store, all payments must be made through any of the methods that are accepted at the time of payment by us or by our payment services provider. If you buy a subscription via an app store, you can pay using any of the methods that are accepted at the time of payment by the operator of the relevant app store or by its payment services provider. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these terms to determine your rights and liabilities as a cardholder. If for any reason your default payment method is declined or no longer available, you authorize us to charge any other payment method that you have authorized for use on your account with us. You will remain responsible for any uncollected amounts You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. We shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.

7 Refund Policy

All purchase transactions made through the service are subject to our return policy in effect at the time of purchase. Currently, our refund policy is to not offer any refunds for any subscriptions purchased through the service, except in on our sole and absolute discretion.

8 Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by us upon our delivery of the services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order); or (b) we will not charge your credit card for the cancelled portion of the order. Do not assume that a cancellation or change of an order you have placed with us has been effectuated until you receive a confirmation from us via email or the service. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.

9 No Responsibility to Sell Mispriced Services

We do our best to describe every subscription offered on this service, including descriptions of Gold benefits, as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any service, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. If we accept and process your order where a pricing or specification error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing or misdescription, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you under the order.

10 Modifications to Prices or Billing Terms

Purchases on the service are subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE OUR PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL DELIVERY TO YOU.

11 Subscription Benefits

Your subscription may provide you with certain early-access or priority-booking rights or merchandise discounts or other discounts from time to time. Details of how to make use of those benefits will be provided in the relevant messages that we send you about those, and any additional terms and conditions that we stipulate for using those are incorporated into these terms. Some of those benefits may also be subject to relevant third-party terms and conditions, such as terms of admission to venues or events. None of those benefits can be resold or otherwise transferred (except, where relevant, to your gift recipient) and none of them can be exchanged for cash or other items of value, except if and as far as otherwise required by law. Part of the subscription package or special offers from time to time may involve delivery of goods, such as a personalized welcome pack, selected merchandise or other collectibles. We shall be responsible for delivering those goods to your U.S. physical postal address included by you in your order. On delivery, you shall become responsible for any loss of or damage to such goods. You will own such goods on delivery or (if later) once we have received payment for the goods in full. Any use that you make of any third-party services in connection with your subscription will be governed by each relevant third party’s terms of use, including any third-party limitations on availability or other restrictions.

12 Gold In A Box

You may also be able to buy a Gold membership in specially selected stores by buying Gold as a boxed product (“Gold in a Box”), whether for yourself or as a gift. Buying Gold in a Box will provide you or your gift recipient with a code that can be redeemed within six (6) months from the date of purchase at my.WizardingWorld.com/redeem-gold, but we reserve the right to terminate the redeemability of the code if the code is not redeemed within six months from the date of purchase To redeem the subscription, you or (as relevant) your gift recipient will need to create a Wizarding Passport or to log in using an existing Wizarding Passport. The Gold in a Box code cannot be exchanged for cash or other items of value and is non-refundable, except if and as far as otherwise stated in these terms or required by law.

13 Gifts and Codes

An adult buyer can purchase a subscription as a gift for another adult or for a minor. The minor can be any age, as long as the minor has obtained consent from the minor’s parent or guardian to agree to these terms. All gifts of subscriptions are subject to the following terms. This section also applies to any redeemable code that you may buy from us (“code”), whether a gift code or some other code (such as a redeemable code issued in order to access your subscription or a special offer). Any subscription bought as a gift will be provided to the buyer, or directly to the gift recipient as designated by the buyer, in the form of a code that the buyer’s nominated recipient can redeem. The nominated recipient must be customarily resident in the USA to be eligible to redeem the code. The code can be redeemed at my.WizardingWorld.com/redeem-gold.We reserve the right to terminate the redeemability of the code if the code is not redeemed within six months from the date of purchase. To redeem the subscription, the gift recipient will need to create a Wizarding Passport or to log in using an existing Wizarding Passport. Other codes may be subject to similar terms, which will be specified on or via the relevant order page. A code cannot be exchanged for cash and is non-refundable, except if and as far as otherwise stated in these terms or required by law. If you receive a gift of Gold membership, then by redeeming the gift code, you agree to be bound by these terms. Gifts of Gold will not renew, unless automatic renewal is noted on your check-out page or purchase confirmation or a further period of Gold is purchased separately. We reserve the discretion to inform the purchaser when a gift code has been redeemed by a recipient. Codes may be subject to additional terms presented to the buyer before the time of purchase, and any such additional terms are incorporated into these terms. Use of any code for any unauthorized marketing, advertising or promotion is strictly prohibited. You also agree not to use any Gold benefit for any public performance. The risk of loss and title for any code will pass to the buyer on our digital transmission of the code to the buyer or the recipient or (if bought in physical form) delivery of the code to the buyer, the recipient or the carrier, as the case may be. We are not responsible if a code is then stolen, lost, destroyed or used without the buyer’s or the recipient’s permission. Codes are void if not obtained in accordance with these terms, or if any part of the code is forged, tampered with or improperly modified in any other way. We also reserve the right to invalidate any code that we believe has been sold, transferred or bought in any way that contravenes these terms. We may suspend or close any relevant Wizarding Passport(s), revoke or terminate a code, or limit or suspend the ability to buy or redeem a code at our discretion if reasonably required in order to avoid fraud or abuse.

14 Changes to your Gold package, a Gold-related item or these terms

Subject to applicable law, we reserve the right from time to time, in our discretion and on giving you notice by posting revised terms on the website:

(a) to vary your subscription price and/or additional charges; and/or

(b) to make a substantial change to your Gold benefits (although a change will not be considered substantial for this purpose if we replace those Gold benefits with other Gold benefits of comparable quality).

If you are adversely affected by such a variation, you may terminate your Gold subscription on giving us notice of termination at any time during that notice period.

Subject to applicable law, we also reserve the right to modify any Gold-related item: (a) to reflect changes in relevant laws and regulatory requirements; and/or (b) to implement minor technical adjustments and improvements that would not affect your use of the item. We may also update Gold digital content from time to time, as long as the digital content remains consistent with its description that we provided to the buyer before purchase.

Subject to applicable law, we also reserve the right to modify these terms from time to time in order:

• to make sure that we continue to comply with any relevant laws and regulations;

• to make improvements to your Gold subscription experience; and/or

• to vary our terms of purchase, pricing, billing methods, redemption, access and/or use of Gold benefit(s) in any other respects (in which case the new terms shall apply to any new purchases made after the terms have been varied).

We will notify you of any such modified terms by posting them on our website, by emailing you at the email address that you have provided for your Wizarding Passport or by using some other reasonable means to notify you. Each time you make a Gold-related purchase, the version of these terms in force at that time will apply to that purchase.

15 Contact us

If you have any queries about Gold, including about how to make the most of your benefits or how cancelling or terminating your subscription would affect you, you can:

• email us on [email protected];

• contact us using our online contact form; or

• write a letter to our Customer Service team at Wizarding World Digital, 4000 Warner Boulevard, Burbank, CA 91522, USA (attention: Customer Service).

If you have a privacy-related query, please first consult our Privacy Policy or, if you are a child, our Children’s Privacy Policy. If you cannot find the relevant information there, please send us an email at [email protected] or send us a letter by post at Warner Bros. Privacy Office, 4000 Warner Boulevard, Building 3, Burbank, CA 91522, USA (attention: Wizarding World Digital Data Privacy Team).

16 Other important terms

The provisions of sections 13, 14, 15, 16, 17, 18 and 19 of our Terms of Use apply to these terms as if references in those provisions to “these terms” were to these terms.

WIZARDING WORLD, WIZARDING PASSPORT, KEYS & CURIOS and related trademarks, characters, names and indicia are TM and © Warner Bros. Entertainment Inc. WIZARDING WORLD publishing and theatrical stage rights © J.K. Rowling. All rights reserved.