The Subcard® Australia loyalty and gift program (Subcard® Program) is operated by Subcard Australia Pty Ltd ACN 623 161 026 ("we","us" or "our"). By using subway.com.au, subcard.com.au or order.subway.com.au (Website/s) or the Subway® mobile application (Subway® app), using or registering a Subcard®, using our online ordering services, or purchasing, registering or using a Subway® gift or eGift card, you agree to be bound by, and your participation in the Subcard® Program will be governed by, these terms and conditions (Terms).
By clicking the "GET STARTED" or "CREATE ACCOUNT" buttons or other button in the Subcard® website, Subway® app or on the online ordering website you are consenting to these terms and you agree to all of the provisions contained in this document.
To participate in the Subcard® Program, you must be 18 years of age or older. The Subcard® Program, the Websites and the Subway® app are not intended to be used by, or targeted to, anyone under the age of 18 years.
If you have any questions about the Subcard® Program, please call us on 1300 023 578 or write to us at email@example.com.
Subcard® is a physical and/or virtual card issued by us. The Subcard® can be used as a gift card which is loaded with Subway® gift dollars, or a rewards card which collects Subcard® reward dollars.
Subcard® is non-transferable and is only for your own use at Subway® restaurants participating in the Subcard® Program in Australia and on the Website/s and the Subway® app.
Subcard® is not a credit or charge card and cannot be exchanged for cash or used for any orders placed via a third party delivery platform or food aggregator.
Your Subcard® is our property. You must not copy or reproduce your physical or virtual Subcard® or interfere with the operation of any physical or virtual Subcard®.
Subway® eGift cards can be purchased from the Subcard® website (subcard.com.au), Subway® app or online ordering Website, either for yourself or for another person you nominate in the purchase process.
At the time of purchase, you must select an amount between AU$10 to AU$100 to be purchased and loaded onto the Subway® eGift card as gift dollars. Purchasers are responsible for checking that the amount of gift dollars is correct at the time of purchase. The order for a Subway® eGift card will be completed by filling out the required details and clicking the "submit" button. The Subway® eGift card will then be sent to the selected email address, and a receipt confirmation will be sent to you.
You do not need to register a Subway® eGift card to use it. You can present a valid Subway® eGift card at any participating Subway® restaurant to use the gift dollars available on the Subway® eGift card to purchase Subway® products except for Subway® gift cards or adding credit to your Subcard® account (see section 5 [Subway® gift dollars and using your Subcard® as a gift card] for more details). Your gift dollars balance will appear on your receipt each time you make a purchase using a Subway® eGift card at a participating Subway® restaurant, or if registered it will display in the Subcard® account balance on the Subway® app or Website.
You can transfer gift dollars from your Subway® eGift card to your Subcard® via the Service Centre 1300 023 578. You can reload and Top Up an Subway® eGift card if it is registered. You can transfer gift dollars from one Subway® eGift card to another Subway® eGift card, and the original gift dollars expiry date will remain. You cannot use gift dollars to purchase a Subway® eGift card.
Your Subway® eGift card can also operate as a Subcard® if it is registered. To register a Subway® eGift card, you will need to follow the steps in section 3 below (Registering your Subcard®). A Subway® eGift card which is registered will be deemed to be a Subcard® for the purposes of these Terms.
Subway® eGift cards will be void and not redeemable if they are defaced, mutilated, altered or tampered with in any way.
A Subway® eGift card can be present as a payment type by either presenting a print out of your Subway® eGift card, by scanning it in restaurant, or by using it when you're ordering online via the Subway app or online ordering website, or the Subcard® website.
If you have a physical Subcard® you will need to register it on the Website (subcard.com.au) or the Subway® app before you can use it to redeem Subcard® reward dollars online or in a participating restaurant, or before you load Subway® gift dollars onto your Subcard®. However, you can load gift dollars onto your Subcard® in a participating Subway® restaurant and redeem the Subway® gift dollars in a participating Subway® restaurant without your Subcard® being registered. You also don't need to register your Subcard® in order to earn Subcard® reward dollars, but you cannot redeem the Subcard® reward dollars, online or in a restaurant, without being registered.
If you have a virtual Subcard®, your Subcard® is automatically registered using the details you provide when you apply for that virtual Subcard®. See section 4 (Subway® app and virtual Subcard®) for more information about the virtual Subcard®.
There are three ways to register a Subcard®, Subway® eGift card or Subway® gift card:
If you register your Subcard®, you must keep your user name, password and any other security details for your Subcard® account confidential and secure and you may not permit any other person to use your user name, password and any other security details to access your account through the Website or the Subway® app. You must immediately change your password on the Websites or the Subway® app and notify us if you believe your Subcard® account has been compromised. You agree not to access or seek to access any other person's Subcard® account. We are entitled to assume that all transactions using your Subcard® or your Subcard® account are undertaken by you (unless you have told us that your account has been compromised).
There is no limit on the number of Subcard accounts that can be registered. Each registration request must contain unique information such as email address.
The Subway® app allows compatible mobile phones to display a QR code which operates as a virtual Subcard®.
To create and use a virtual Subcard®, you must download and install the Subway® app by visiting your phone's app store and downloading the Subway® Australia app. You will need to register a virtual Subcard® on the Subway® app, and the barcode display of the virtual card on your mobile phone must be suitable for scanning in participating Subway® restaurants.
You can link your physical Subcard® with your virtual Subcard® on the Subway® app or Subcard® Website subcard.com.au.
You are responsible for any costs involved in downloading and using the Subway® app and the virtual Subcard® 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.
You can load your Subcard® with gift dollars purchased via the Subcard® website subcard.com.au, the Subway® app or Website or participating Subway® restaurants. Or you can transfer your available gift dollars from a valid Subway® eGift card to your Subcard®, up to a maximum Subway® gift dollars balance of $1,000 per Subcard® account and the original gift dollars expiry date will remain. You can reload and Top Up your Subcard® with additional gift dollars at any time (up to the maximum total value of $1,000 per Subcard TM account).
Gift dollars can be used to purchase Subway® products (except for Subway® gift cards or Subway® eGift cards or Topping Up and adding credit to your Subcard® account, or delivery) at participating Subway® restaurants, via the Subcard® website subcard.com.au, or the Subway® app, See section 7 (Redeeming Subcard® reward dollars and gift dollars) for more information.
Gift dollars on a Subcard® or a Subway® eGift card:
You acknowledge and agree that you will not earn interest on gift dollars and that they cannot be sold or converted into cash. When gift dollars expire they can no longer be used, and you have no right to any refund.
You can earn Subcard® reward dollars every time you make a purchase of Subway® products (except for Subway® gift cards or Subway® eGift cards, Topping Up or adding credit to your Subcard® account, or delivery) at a participating Subway® restaurants and scan your Subcard®. You can also automatically earn Subcard® reward dollars every time you make an online purchase of Subway® products (excluding purchases of Subway® eGift cards or Topping Up your account with credit) on the online ordering website order.subway.com.au , the Subway® app, or the Subcard® website subcard.com.au.
Subcard® reward dollars will be earned at the rate of 3.6% on total purchase. The rate for earning Subcard® reward dollars may change from time to time. If your Subcard® is registered, we will give you prior notice if the rate for earning Subcard® reward dollars changes.
Subcard® reward dollars will not be earned for the following:
We reserve the right to reverse Subcard® reward dollars which have been earned by you where you have returned or been refunded for the products for which the Subcard® reward dollars were earned, or if there are other grounds which we consider reasonably justify a reversal, including but not limited to if Subcard® reward dollars were earned erroneously or through fraudulent means. No Subcard® reward dollars will be earned on purchases if a Subcard® is not scanned in restaurant at time of purchase.
Subcard® reward dollars:
You acknowledge and agree that you will not earn interest on Subcard® Rewards Dollars and that they cannot be sold or converted into cash. When Subcard® Rewards Dollars expire they can no longer be used, and you have no right to any refund.
You can redeem Subcard® reward dollars and gift dollars to purchase Subway® products (except for Subway® gift cards or Subway® eGift cards, Topping Up or adding credit to your Subcard® account, or delivery) at participating Subway® restaurants in Australia and via the online ordering website order.subway.com.au and the Subway® app.
To redeem Subcard® reward dollars, your Subcard® must be registered and you must have a minimum balance of three (3) Subcard® reward dollars on your Subcard®. You cannot redeem Subcard® reward dollars unless you have registered your Subcard®.
Approved Subway® products are subject to availability and may be withdrawn or substituted at any time, please ask your local participating Subway® restaurant for details of approved Subway® products.
When you redeem Subcard® reward dollars or gift dollars by using them to purchase (in whole or part) Subway® products (except for Subway® gift cards or Subway® eGift cards, Topping Up or adding credit to your Subcard® account, or delivery), we will deduct the relevant number of Subcard® reward dollars or gift dollars from your Subcard® or Subway® eGift card (as the case may be) and the Subway® restaurant that you are visiting will redeem them toward the purchase that you are making.
Subcard® reward dollars and gift dollars cannot be transferred to any other reward program.
We reserve the right to cancel your Subcard® and Subcard® registration or Subway® eGift card for any reason at any time.
If we cancel your Subcard® or Subcard® registration, any unused Subcard® reward dollars or gift dollars will be forfeited.
If we cancel your Subcard® or Subway® eGift card, we will refund any unused Subway® gift dollars which have not expired. This does not apply to a Subcard® or Subway® eGift card which is lost, stolen or destroyed or if we reasonably suspect fraud in relation to your Subcard® or Subway® eGift card.
You can cancel your Subcard® registration by calling the Service Centre on 1300 023 578. If you cancel your registration, your Subcard® will be cancelled and any Subcard® reward dollars not already redeemed will be automatically forfeited. By cancelling your Subcard® you will also stop earning Subcard® reward dollars with your Subcard® from the date of cancellation.
We will not accept liability for a Subcard® or Subway® eGift card which is lost, stolen, destroyed or used without permission.
We recommend you register your Subcard® or Subway® eGift card to help protect any remaining balance if is lost, stolen or damaged.
If you have registered you Subcard® or Subway® eGift card, we will freeze the remaining Subcard® reward dollars and gift dollars on your Subcard® or Subway® eGift card (as the case may be) after you report to us (by logging on subcard.com.au and clicking on the "LOST OR STOLEN" tab or calling Service Centre 1300 023 578 that your Subcard® or Subway® eGift card has been lost, stolen or damaged.
If you want another physical Subcard, you must visit a participating Subway® restaurant and request a new Subcard® WITHOUT ANY TRANSACTIONS ON IT. Do not scan this card in store. Instead, when you have your new card number, return to the Website and log back into your current Subcard® account and you can transfer your old Subcard® reward dollars, Subway® gift dollars and personal details to the new Subcard® by following the prompts. You can also call the Service Centre 1300 023 578 to transfer your balance.
By clicking SUBMIT in the "LOST OR STOLEN" section of the subcard.com.au you agree to freeze your Subcard®. This action is not reversible, and you will not be able to collect Subcard® reward dollars or redeem Subcard® reward dollars or Subway® gift dollars until you have returned to the Website with your new card (WITHOUT ANY TRANSACTIONS ON IT) and number and successfully transferred your old Subcard® reward dollars, Subway® gift dollars and personal details to the new Subcard®.
We may require proof of your identity (including but not limited to photo identification) to freeze your Subcard® reward dollars or Subway® gift dollars, replace a Subcard® or credit a replacement Subcard® with previously earned Subcard® reward dollars or Subway® gift dollars.
We reserve the right to change, suspend, modify or terminate these Terms or any aspect of the Subcard® Program at any time.
We will give advance notice of any changes including by posting any changes on the Website/s and you can cancel your Subcard® registration within that notice period if the changes are not acceptable to you, in the way described in section 8 (Cancellation of Subcard® and Subway® eGift cards). By continuing to use your Subcard®, Subway® eGift card or the Websites or Subway® app after that period, you will be deemed to accept the changes to these Terms or the Subcard® Program. 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.
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 a Subcard® or Subway® eGift card, use of the Websites or the Subway® app, or any other participation in the Subcard® Program, including but not limited to:
except to the extent such loss or damage arises from our negligence or wilful misconduct.
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.
We collect personal information from you when you purchase a Subway® eGift card or register your Subcard® or Subway® eGift card. If you do not provide the information which is stated to be mandatory, you will not be able to proceed with the purchase or registration.
If your Subcard® or Subway® eGift card is registered, we will also collect personal information in the course of your registration and participation in the Subcard® Program, such as information about purchases using your Subcard® (including as products purchased, date and location of purchase, Subcard® reward dollars earned or redeemed, gift dollars purchased or redeemed) including when you use our online ordering service. We collect this information for the purposes of conducting and administering your participation in the Subcard® Program, administering your Subcard® account, selling and promoting Subway® products to you and administering your use of our online ordering 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.
By registering your Subcard® or Subway® eGift card, or providing 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 Subcard® account on the Website (subcard.com.au) 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 Subcard® account, including but not limited to changes to these Terms.
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, the Subcard® Program or these Terms.
This section of the Terms governs your placement of online orders through the Subway® app and the website located at orders.subway.com.au ("Subway® online ordering website") (together, "Online Ordering").
We administer Online Ordering in conjunction with Independent Purchasing Company (Australasia) Ltd. ("IPCA"), our service providers, and the Subway® Group which includes: Franchise World Headquarters, LLC, Subway Systems of Australia Pty. Ltd., Subway Franchisee Advertising Fund of Australia Pty. Ltd.
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 to Online Ordering is via your user name and password, which is personal to you. You must therefore not allow your user name 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 and 90 minutes for catering orders of 4 platters or more.
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 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 restaurant may differ from the recommended retail price.
Price and availability information is subject to change without notice.
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.
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 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 without the consent of a parent or guardian, the parent or guardian of that child should contact us immediately at firstname.lastname@example.org. We will use reasonable efforts to promptly delete the child's personal information from our servers.
COPYRIGHT AND TRADE MARKS.
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 Inc., ("SIP") or the respective trademark owner.
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.
You agree to indemnify, defend and hold harmless SIP, the Subway® Group, IPCA 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.