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Introduction
These terms and conditions (“Terms”) govern your use of Subway.com.au and order.subway.com.au (“Website/s”), the Subway® mobile application (“Subway® app”), and your placement of online orders for Subway® products through the Website/s and the Subway® app (“Online Ordering”).
The Website/s, the Subway® app and Online Ordering are administered through our service providers and the Subway® Group which includes: Franchise World Headquarters, LLC, Subway Systems Australia Pty. Ltd., Subway Franchisee Advertising Fund of Australia Pty. Ltd (collectively, “we”, “us”, or “our”).
By using the website/s or the Subway® app, by clicking the “Sign up today!” or “Join now!” buttons or any other button on the Website/s or the Subway® app, or by placing an online order, you are consenting to these terms and you agree to all of the provisions contained in this document.
If You Do Not Agree To These Terms, Do Not Use The Website/s, The Subway® App Or Online Ordering.
To use the Website/s, the Subway® app or Online Ordering, you must be 18 years of age or older. The Website/s and the Subway® app are not intended to be used by, or targeted to, anyone under the age of 18 years.
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=AU. You can also write to us at AUSNZ_GuestCare@subway.com.
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Subway® Username and Password
Access to Subway® app is via your account, which is personal to you. You must keep your username, password and any other security details confidential and secure and you may not permit any other person to use your username, password and any other security details to access the Website or the Subway® app. You must immediately change your password on the Website/s or the Subway® app and notify us if you believe it has been compromised. You agree not to access or seek to access any other person's username and password. We are entitled to assume that all transactions using your username and password are undertaken by you (unless you have told us that your username and/or password has been compromised).
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Subway® app
You can download and install the Subway® app by visiting your phone's app store and downloading the Subway® Australia app.
You are responsible for any costs involved in downloading and using the Subway® app on your mobile device, including but not limited to data costs. You must check regularly for updates to the Subway® app and download all updates promptly. The Subway® app can be used on phones which support Android and iOS.5 or higher.
You must not attempt to decompile, reverse engineer, disassemble or otherwise convert the Subway® app in any way.
You must only use the Subway® app in Australia.
You are responsible for using your own judgement when using the Subway® app and must take care of your personal safety. Never use the Subway® app when driving.
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Change to these Terms
We will give advance notice of any changes including by posting any changes on the Website/s and you can cancel your account within that notice period if the changes are not acceptable to you. By continuing to use the Websites or Subway® app after that period, you will be deemed to accept the changes to these Terms. If we change these Terms, a copy of the revised Terms will be available on the Website/s and in the next update for the Subway® app.
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Disclaimer and Limitation of liability
To the maximum extent permitted by law, all warranties, conditions and guarantees which would otherwise be implied or applied by law are excluded.
To the maximum extent permitted by law, we do not accept responsibility, and will not be liable, for any loss or damage (whether direct, indirect or consequential) suffered by any person in connection with or arising in any way from use of the Websites or the Subway® app, including but not limited to:
- any unauthorised use of the Subway® app;
- any approved Subway® product not being available for any reason;
- any problems or technical malfunction of the Subway® app, any network or lines, servers or providers;
- the conduct of any Subway® restaurant; or
- any products supplied by participating Subway® restaurants (for problems or disputes concerning any purchase, contact that restaurant directly),
except to the extent such loss or damage arises from our negligence or wilful misconduct.
To the extent permitted by law, the Subway® App, Website/s and Online Ordering is provided on an "as is" and "as available" basis without any warranties of any kind either expressed or implied. We will use reasonable efforts to make these services available at all times, however this may be affected by factors outside our reasonable control such as network issues or technical malfunction. The Subway® Group does not warrant that any of these services will be free from errors or harmful code or fit for a particular purpose.
We can suspend or terminate your use of the Subway® App, Online Ordering or Website/s if we reasonably believe that you are using or have used any automated software or method to receive and/or redeem any offers or promotions from us.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Australian Consumer Law. To the maximum extent permitted by law, our liability for any failure to comply with any such right or remedy, guarantee, warranty or other term or condition is limited to (at our option): (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (b) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
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Privacy
Your use of the Website/s, the Subway® app and Online Ordering 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 the Website/s.
If you have created a Subway® account, or use the Subway® App with your username and email address, we will also collect personal information in the course of your use of the Subway® app, Online Ordering, and Website/s, such as information about purchases (including products purchased and the date and location of purchase). 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.
We may disclose your personal information to third parties for the above purposes, including but not limited to Subway® entities and our service providers and related bodies corporate. Some Subway® entities and our service providers are located overseas, including in New Zealand and the United States of America and as a result your personal information may be disclosed overseas.
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. A copy of our privacy policy can be viewed at https://order.subway.com/en-au/privacy-policy. Our privacy policy contains information about how you can gain access to or seek correction of personal information that we hold about you. It also contains information about how you can make a privacy complaint and how we will deal with any such complaint.
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Marketing
When using your account or provide personal details as a one-time guest for online ordering, you 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 deemed to be effective 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-au/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® account, including but not limited to changes to these Terms.
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General
These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales in the event of a dispute arising out of, or in connection with these Terms.
If any part of the Terms of Use is or becomes void, it will not affect the validity and enforceability of the remaining provisions.
The void part will be severed from these Terms and replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.
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Online ordering terms and conditions
This section of the Terms governs your placement of online orders through the Subway® app and the website located at order.subway.com.au (“Subway® online ordering website”) (together, “Online Ordering”).
We provide Online Ordering so that you can place an order online with participating Subway® restaurants located in Australia (“Subway® Restaurants”). All Subway® Restaurants are independently owned and operated by Subway® franchisees.
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 restaurant to place their order. We only accept same day ordering during 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 restaurant to restaurant. 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 restaurant may differ from the recommended retail price.
Price and availability information is subject to change without notice.
COLLECTION
Orders must be collected from Subway® Restaurants. 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.
CHILDREN & DATA COLLECTION
We will not knowingly allow anyone under 18 to provide them with any personally identifying information. If a child has provided us with information without the consent of a parent or guardian, the parent or guardian of that child should contact us immediately at privacy@subway.com. We will use reasonable efforts to promptly delete the child's personal information from our servers.
COPYRIGHT AND TRADEMARKS
Unless otherwise noted, all materials on the Subway® app and the Subway® online ordering website are the property of Subway IP LLC ("SIP") and its affiliates and protected by copyright.
Subway® and the Subway® logo are registered trademarks and service marks 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 and Conditions, 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 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 data 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 any company or website before submitting your personal information. Some third parties may choose to share their personal data with us and; that sharing is governed by that third party company's 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 attorneys' 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.