Introduction
When these Terms apply
These Terms and Conditions (Terms) govern:
- access to, and the use of, any software application to the extent that it is accessed or used in connection with online ordering (Subway® App); and
- access to, and the use of order.subway.com/en-nz/ (Subway® Online Ordering Website).
(collectively, Online Ordering)
We provide Online Ordering so that you can place an order online with participating Subway ® Restaurants located in New Zealand (“Subway ® Restaurants”). All Subway ® Restaurants are independently owned and operated by Subway ® franchisees.
The Subway® app and Subway® Online Ordering Website are administered through our service providers and the Subway® Group which includes: Subway International B.V., Franchise World Headquarters LLC, Subway Systems Australia Pty Ltd., Subway Franchisee Advertising Fund Trust B.V. and Subway IP, LLC (collectively, we, us, or our).
These Terms apply between us and any person (you or your) who accesses or uses the Subway® App or a Subway® Website.
By doing (or trying to do) any of these things, you accept these Terms. If you do not agree to these Terms, you must not use (or try to use) the Subway® app and/or Subway® Online Ordering Website.
Please refer to the Subway® Online Ordering Terms and Conditions which govern your placement of online orders through the Subway® App and the website located at order.subway.com/en-nz/home. To be clear, these Terms, the Subway® Online Ordering Terms and Conditions and Subway® Website Terms together govern:
- access to, and the use of, the Subway® App
- access to, and the use of the Subway® Online Ordering Website.
Headings
The headings in these Terms are just there to help you find your way through the Terms. The headings are not themselves provisions of these Terms, and do not limit or change the meaning of the actual provisions.
Authorised use
Access to the Subway® app and Subway® Online Ordering Website is via your account, which is personal to you or via guest checkout. We are entitled to assume that every transaction using your username and password are undertaken by you.
Changes to these Terms
Changes by us
We can change these Terms at any time if we consider this to be reasonable or necessary. For example, we can change these Terms if we consider the change:
- necessary or useful to comply with any relevant law, regulatory instrument, or directive or guidance by any regulator or government authority (including due to any changes in it, or in how it is interpreted or applied; and
- of a minor or technical nature (for example, to update a rate or a web address)
If we decide to change these Terms, we will give at least 30 days advance notice of this (notice period) by posting the upcoming change on a https://order.subway.com/en-nz/tandcs. By continuing to use the Subway® Online Ordering Website and/or the Subway® App after the notice period has passed, you accept (and are deemed to accept) the changes to these Terms.
If we change these Terms, the change will take effect on the day we specify. A copy of the revised Terms will be available on https://order.subway.com/en-nz/tandcs and in the next update for the Subway® App.
Automatic modifications
If any part of these Terms is or becomes invalid that will not affect the validity and enforceability of the rest of these Terms. Instead, the invalid part of these Terms will be cut from these Terms and replaced by provisions that are valid and whose effect is as close as possible to that of the part that has been cut.
Restrictions on our liability
Statutory liability that cannot be excluded or limited
Nothing in these Terms (including in this section) excludes, restricts, or modifies any right, remedy, or guarantee implied into these Terms, or imposed, by any legislation that cannot lawfully be excluded or limited, including under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.
To the maximum extent permitted by such legislation, our liability for any failure to comply with any such right, remedy, or guarantee is limited to (at our option):
- in the case of goods: (a) the replacement of the goods or the supply of equivalent goods; or (b) the repair of the goods; or (c) the payment of a reasonable cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired; and
- in the case of services: (a) the supply of the services again; or (b) the payment of a reasonable cost of having the services supplied again.
Other liability
To the maximum extent permitted by law, all warranties, conditions, and guarantees that would otherwise be implied into, or applied to, these Terms by law are excluded.
To the maximum extent permitted by law, we do not accept responsibility, and are not liable, for any loss or damage (whether direct, indirect, or consequential) that any person suffers in connection with (or arising in any way from) use of the Subway® Online Ordering Website and/or use of the Subway® App, or any other participation, including but not limited to:
- any unauthorised use of, or transactions on or with your username and password, the Subway® Online Ordering Website;
- any Subway® Menu Item not being available for any reason;
- any problems or technical malfunction of the Subway® App, the Subway® Online Ordering Website, or any network or lines, servers, readers, or providers;
- the conduct of any Subway® Restaurant; and
- any products supplied by Subway® Restaurants (for any problems or disputes concerning a purchase, you need to contact the relevant Subway® Restaurant directly), except to the extent such loss or damage arises from our negligence or wilful misconduct (in which event our liability is limited to compensating you for direct loss or damage only).
Communications
If you need to notify us about something (for example that your username and password has been compromised) or if you have any questions about the Subway® Online Ordering Website and/or Subway® app, please contact guest care at https://subway.service-now.com/guest_csp?lang=en&country=NZ. You can also write to us at AUSNZ_GuestCare@subway.com.
Courts and governing legal system
The New Zealand courts have non-exclusive jurisdiction to hear any dispute arising out of, or in connection with, these Terms.
These Terms are governed by New Zealand law.
Your privacy
Privacy
Your use of the Subway® Online Ordering Website and/or the Subway® app is subject to the Subway® Group Privacy Statement, which describes how the Subway® Group collects, uses, discloses, transfers and stores your personal information, and your rights in relation to your personal information. The Subway® Group Privacy Statement is available on our websites.
If you have created a Subway® account, or use the Subway® Online Ordering Website and/or Subway® App with your username and email address, we will also collect personal information in the course of your use of the Subway® Online Ordering Website and/or Subway® app. We collect this information for the purposes of selling and promoting Subway® products to you and administering your use of our online ordering and/or Subway® app services.
How we disclose, use and hold your personal information is set out in our privacy policy, which complements these Terms. Our privacy policy also contains information about:
- how you can gain access to or seek correction of personal information that we hold about you; and
- how you can make a privacy complaint and how we will deal with any such complaint.
If you have any concerns or queries about the way your personal information is managed by us, you can contact us by email to privacy@subway.com.
Marketing
When using your username, email address and password or provide personal details as a one-time guest for online ordering, you have the option to agree that we and Subway® and participating Subway® Restaurants may send you information, via email or mobile, about Subway® products, special offers, promotions and events that may be of interest to you. Your agreement is actively sought and, if you agree, will remain in place unless and until such time as you opt out from receiving these communications.
You may opt out from receiving these communications by modifying the communication preferences for your account on the Website order.subway.com/en-nz/unsubscribe or the Subway® app or by using the opt-out/unsubscribe facility in our communications.
If you opt out of receiving these communications, you consent to still receive service-based communications relating to your Subway® App Account, including but not limited to changes to these Terms if applicable.
Subway® Online Ordering Terms and Conditions
This section governs your placement of online orders through Subway® App and/or Subway® Online Ordering Website.
While we make reasonable efforts to provide accurate and timely information about Online Ordering on the Subway® App and the Subway® Online Ordering Website, you should not assume that the information provided is always up to date or that the Subway® App and the Subway® Online Ordering Website contain all the relevant information available.
-
Access
Access to Online Ordering is via your username and password, which is personal to you. You must therefore not allow your username and password to be used by anyone else and must not permit or assist anyone who is not a registered user to gain access to any part of the Subway® App or the Subway® Online Ordering Website. You can change your password at any time within the 'My Details' page on the Subway® App or Subway® Online Ordering Website.
-
Placing an order
After you submit your order on the Subway® App or the Subway® Online Ordering Website, an Order Confirmation summary page will display that you have the option of printing.
All individual orders require a lead time of at least 15 minutes unless the order is for 5 or more items in which case the lead time is a minimum of 40 minutes. Guests can place an order for maximum of 4 platters for the same day pick up with a minimum lead time of 90 minutes. Guests can place catering orders for more than 4 platters with pick up the next day or maximum 4 weeks in advance.
If the order is of 15 or more items, guests would be required to call directly to the Subway® Restaurant to place their order. We only accept same day ordering during Subway® Restaurant opening hours. Online order cancellations cannot be made once your order has been placed.
-
Price and payment
As each Subway® Restaurant is independently owned and operated, prices may vary from store to store. The price you pay will be clearly indicated as you progress through your order and a final total will be displayed at the completion of your order. What you pay online for orders from a specific Subway® Restaurant may differ from the recommended retail price.
Price and availability information is subject to change without notice.
-
Collection and delivery
You can choose to pick up your order, or have your order delivered (only if the delivery option is offered). If you have chosen to collect your order, you must collect your order from the Subway® Restaurant nominated by yourself at the time of making the order. You may NOT change your nominated Subway® Restaurant once an order has been placed and accepted.
-
Disputes and refunds
If a billing error entitles you to a refund, you agree to accept the refund in the form of a credit on the method of payment used to place your order. Except as required by law, cash refunds will not be provided. If you are dissatisfied with the products or services you received from the selected Subway® Restaurant, please contact the Subway® Restaurant that fulfilled your order directly.
-
Termination
We reserve the right to terminate your ability to order using Online Ordering immediately without notifying you in advance should you not operate your account or make an order in line with this section of the Terms.
-
IP protocol addresses and web logs
The Subway® App and Subway® Online Ordering Website servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit Online Ordering on the Subway® App or the Subway® Online Ordering Website, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any personal information. We use your IP address, and the IP addresses of all users, for purposes such as calculating Online Ordering usage levels, helping diagnose problems with the Subway® App's and Subway® Online Ordering Website's servers, and administering Online Ordering. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition to the non-personal information usage of IP addresses described above we may also record your IP address for fraud prevention purposes.
-
Copyright and trademarks
Unless otherwise noted, all materials on the Subway® App and the Subway® Online Ordering Website are protected as copyright works, trademarks and/or other intellectual property owned by us, Subway IP LLC, ("SIP") or the respective trademark owner.
Subway® and the Subway® logo are registered trademarks owned and registered by SIP. SIP's marks on the Subway® App and the Subway® Online Ordering Website represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by SIP or its licensees. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of SIP's worldwide proprietary ownership rights and SIP may own or control other proprietary rights in one or more countries outside of the United States. All rights not expressly granted are reserved.
-
Acceptable personal use
Your use of the materials included on the Subway® App and Subway® Online Ordering Website in connection with Online Ordering is for informational, feedback, coupon redemption, and/or ordering purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from, or exploit the contents of, any such materials in any way.
You agree not to use the Subway® App or the Subway® Online Ordering Website for any purpose that is unlawful or prohibited by these Terms, or to cause damage on or through use of the Subway® App or the Subway® Online Ordering Website.
The materials published on the Subway® App and the Subway® Online Ordering Website may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by the SIP. All of the materials available on the Subway® App and the Subway® Online Ordering Website are proprietary and protected by copyright or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
-
Links
Please note that the Subway® App and the Subway® Online Ordering Website may contain links to other websites operated by unrelated third parties for your convenience and information. We may or may not control those sites or their privacy practices, which may differ from our privacy practices. We do not endorse or make any representations about third party websites. The personal information you choose to give to unrelated third parties is not covered by our privacy policy and you are encouraged to review the privacy policy of the company or website before submitting your personal information to that company or website. Some third parties may choose to share their personal information with us and; that sharing is governed by those third parties' privacy policy.
-
Indemnification
You agree to indemnify, defend and hold harmless SIP, the Subway® Group and us from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable legal fees arising out of, or in connection with your violation of this section of the Terms as well any claims arising from any unauthorized uses you may make of the materials or any other material on the Subway® App or the Subway® Online Ordering Website.