Terms and conditions

Contents

1. Subcard® Terms & Conditions

2. Online Ordering Terms & Conditions

SUBCARD® LOYALTY SCHEME TERMS AND CONDITIONS

The Subcard® loyalty scheme (“Subcard®”) operated and managed by Eat Commerce Limited by guarantee.  (“Eat Commerce”).  registered in England and Wales at 40 Oxford Road, High Wycombe, Buckinghamshire HP11 2EE, UK under the number 06257445.

Subcard® is operated and managed by Eat Commerce Ltd which is a subsidiary of the European Independent Purchasing Company Ltd. (trading as IPC Europe) whose members are comprised of subway franchisees. (we will refer as “Eat Commerce” or “IPC Europe” independently or together as “we” “us, or “our”).  

Note that Subway® group is a different company which comprises the following affiliated entities: All these entities are collectively referred to herein as “Subway®”. Subway® will share Personal Data amongst themselves, also Eat commerce, IPC Europe and Subway share Personal Data amongst themselves. For more information about Subway and its affiliates, please read the Subway® website clicking the following link  http://www.subway.com/en-gb    

For more information regarding how we share your Personal Data please read the Privacy Notice. 

 

1. Term of use

The terms and conditions (“Terms”) apply to this website www.subcard.subway.co.uk (“Site”). By accepting and continuing using the Site, the mobile application, participating in the scheme and using/registering your Subcard® card (“Card”) you accept the Terms. If you do not agree to these Terms, please immediately exit the Site and do not browse or use this Site These Terms are a binding contract.

To join Subcard®, you must either register the Card which you can find by asking in any selected Subway® stores or downloading the Subcard® mobile application (“Subcard® App”) from Google Play store or Apple App store. 

To become a Subcard® member you must be a resident in one of the following countries: United Kingdom (UK), or Republic of Ireland (ROI) and you must also be older than 18 years old.

Children under the age of 18 are not allowed to participate of the Subcard® for more details, please visit our Privacy Notice.

You cannot assign, sub-license or otherwise transfer any of you right under these Terms.

Prizes and competitions

There may be prize promotions, draws competitions, prizes giveaway or other promotional activity (“Promotion”) contained on the Site or promoted by Subway® group. The Promotions shall be governed by the particular terms and conditions for that Promotion. We recommend you to first read them. If you choose to participate.

We may also share your details with a third-party company which participates in the Promotion which may provide the prize for the winner. If you wish to know the details of the third-party companies, please read the privacy notice of the event before participating.  If you win, we may contact you by phone or email to let you know about the prize that you won.

NOTE that you can opt out at any time by logging in and clicking and changing your preferences in the consent center.

 

2. Minors  

You are responsible and warrant that you are at least 18 years old and that you have the legal authority to agree to these Terms and enter into this site in accordance with these Terms herein. We encourage the supervision of minors under your guardianship. If you believe a child under 18 may have voluntarily provided Personal Data, please contact us to Support Desk subcard@ipceurope.org and we will take all reasonable actions to delete such information in accordance with the applicable law.  You also warrant that all information provided is true and accurate, any false or fraudulent information is your responsibility and we reserve the right under our sole discretion to cancel or suspend your account at any time if you breach these Terms.

We do not collect children’s data, for more information, please visit our Privacy Notice.

 

3. The Card

The Card is issued by and remains the property of Eat Commerce. Eat Commerce reserves the right at all times in its absolute discretion and without notice not to issue Cards and to either amend these Terms or to terminate, withdraw or cancel Cards including withdrawing or cancelling the Subcard® App and/or any points which may have been collected.
              
Only the person who has applied and registered for the Card can use it. Only one Card will be issued per Subcard® member. To register your Card please visit https://subcard.subway.co.uk and follow the instructions. The Card is non-transferable and can only be used at participating Subway® stores for your own use. 

The Card is a loyalty card and is not and cannot be used as any form of credit card, guarantee card or proof of age or identity. 

 

4. Subcard® app

The Subcard® App is offered as part of Subcard® and is only available on compatible mobile phones. 

The Subcard® App will allow a compatible mobile phone to display a QR code which may be used to collect points in place of a standard Card. 

Eat-Commerce reserves the right to block any user of the Subcard® App at its sole discretion in the event the user is not complying with these Terms. 

 

5. Points

Points will be awarded as follows:

  • Non-Registered Subcard® members: when a Card is not registered,points will be earned at the rate of 1 point for every 20 pence spent when purchases are made in the UK and at the rate of 1 point per 30 cents spent when purchases are made in ROI;
  • Registered Subcard® members: when the Card is registered with the Site or Registered Subcard® App (after activating the account by clicking the link in the email sent by us) Points will be earned at the rate of 1 point for every 10 pence spent when purchases are made in the UK and  at the rate of 1 point per 15 cents spent when purchases are made in ROI (“Standard Points”);
  • Double Points: where a Card or Subcard® App is registered and triggered (in accordance with paragraph below), and the card is scanned for purchases twice within a 7 (seven) day period, points will be earned at the rate of 2 points for every 10 pence spent when purchases are made in the UK and at the rate of 2 point per 15 cents spent when purchases are made in ROI (“Double Points”).
  • Welcome Bonus – 250 bonus points: a single allocation of 250 Subcard® points will be awarded to a new customer who registers their Subcard® online or via the Subcard® app. This offer is valid for new customers only. Points will be loaded onto the Subcard® within 48 hours of registration of the Subcard®.

Registered Subcard® member will be eligible to earn Double Points: a Card or Subcard® App is triggered when a Subcard® member makes 2 purchases in a 7 (seven) days period. The first purchase for which a Card or Subcard® App is scanned will not be included, nor will any subsequent purchases made on that day. A Subcard® member must make at least one purchase within 7 (seven) days of their most recent purchase to earn Double Points and then continue to make at least one purchase within 7 (seven) days of their most recent purchase to maintain Double Points. A Subcard® member will stop earning Double Points if they do not continue to make purchases within 7 days of each other and will return to earn Standard Points. Double Points will be triggered again as soon as a Subcard® member makes two purchases within a 7 (seven) day period as provided for in this paragraph.           

First registration: A Subcard® member will earn double points within the 28 days from the first registration on every purchase. After the initial 28 days following registration a Subcard® member will earn at the Standard Points and Double Points rates (when Triggered) as set out above. Points earned prior to registration of the Card or Subcard® App will not be retrospectively updated or ‘topped up’.           

The Card or Subcard® App must be scanned at the point of purchase to earn the points, and Double Points will not be awarded retrospectively where a Subcard® member fails to present the Card or Subcard® App for any transaction. 

Eat Commerce reserves the right to change the amount and value of points awarded in the UK and/or ROI at any time, on 14 days’ notice by any electronic means. However, all points collected up to the date of the rate change can be redeemed in accordance with these Terms.        

Some promotional offers may not be able to be used in conjunction with the Standard Points issue rates, this will be at the discretion of Eat Commerce. Double Points can be earned alongside Subsquad® points but may not be used in conjunction with any other offer. Subsquad® points will not be doubled.   

Points may be awarded on purchases made in Subway® stores and may be redeemed against products available in Subway® stores as advertised from time to time and it may change. Points can only be added or redeemed upon presentation of your Card or Subcard® App at the checkout when paying for a transaction. Please note points cannot be redeemed until you have registered your Card or activated you Subcard® App in accordance with “Registered Subcard® members” ‘clause 5 defined above.         

Points cannot be exchanged for cash.           

The Subcard® member can collect up to 5000 points at any time. Subcard® reserves the right at all times in its absolute discretion and on reasonable notice by any electronic means to raise or lower the maximum limit of points allowed to be held. Any points in excess of the imposed limit may be lost.               
Subcard® shall be entitled to set a limit on the number of points which may be awarded to each Subcard® member in respect of special promotional items on which additional points are awarded.             

Subcard® shall be entitled at any time to cancel points awarded if the relevant products to which such award relates are returned or cancelled for any reason and a refund of the purchase price is given. 

Neither your Subcard® membership nor your Card has a fixed expiry date, however if you have not made any purchases for 12 months or more, any points attributed to your membership and/or Card will expire and your balance will be reset to zero. You can register a new replacement Card or continue to earn new points on your existing card. 

 

6. Lost or stolen Card or mobile phone.

If you lose your Card or if it ceases to work for any reason Subcard®, at its sole discretion, may replace your Card. Once you have registered your new Card, your collected points may be transferred to the new Card (subject to the usage requirements at paragraph 5 above); thereafter, the original Card will cease to work. If you lose your mobile phone or the Subcard® App ceases to work, the Subcard® App can be re-downloaded and providing you re-activate the account with your original email address your points will be transferred to your new Subcard® App

Subcard® will not be liable for lost, stolen or damaged Card or/and it cannot guarantee that prizes, rewards, offers or promotions will be available for accounts with missing Card or problems with the Subcard® App.

As soon as you find out about the stolen Card, you must let us know, please   send us an email Support Desk subcard@ipceurope.org. It may happen that you lose your Card without noticing and the Police contacts us querying about Subcard® member ‘s details. Therefore the Support Desk asks the Police to send an email with the Police data request form attached to verify the veracity of the request and Subcard® member identity. Once the information is confirmed, the Support Desk contacts the Subcard® member to inform them of the situation and close the enquiry.  

 

7. Subsquad®

To create a new Subsquad® you should insert a Squad name (between 3 and 30 characters long) and invite 1 to 8 friends to join your team (“Squad”). Subsquad® allows Subcard® members to create a Squad within which other Subcard® members can benefit from purchases made using a registered Subcard® enabling additional points to be earned. In order to participate in Subsquad® you need to opt-in to Subsquad® and set up the Squad as mentioned above.

To Create a Squad, you need to have the updated Subcard® App and enable the feature to be able to use it, following this process you will be able to invite your Subcard® members friends, by email, text message, other Subcard® members to join your Squad.

Any data submitted to Subsquad® will be held in accordance with Subcard®’s Privacy Notice, please find out more by clicking in the following link https://subcard.subway.co.uk/cardholder/en/privacy/.

Note that in order to participate in Subsquad®, Subcard® members must agree to allow other Subcard® members from their Squad to view their Subcard® user name and receive notifications in relation to the purchases made at Subway® stores by any one of the Squad to be able to benefit from those purchases.

Once Subcard® members have created a Squad of between 2 and 8 Squads, in total, the creator of each Squad™ will be provided with a unique alphanumeric reference code enabling other Subcard® members to join the Squad. Only persons holding a valid, registered Subcard® will be able to join the Squad. Profane or offensive words must not be used. Subcard® will not accept any liability for any use of any profane or offensive words and may, at its sole discretion, remove a Squad or refuse to allocate points to any Subcard® members within a Squad containing such words.        

Subcard® members can only be member of one Subsquad® at any one time. If you wish to leave a Subsquad® you may do so at any time by following the link and instructions in the Subsquad® “leave this Squad”.          

Once the Subsquad® has been created members of the Squad will be provided with push notifications, sent through the Subcard® App to inform every member of the Squad when another member of the Squad has made a purchase in a Subway® store using their Subcard®. If at least one member of the Squad makes a purchase within 4 hours of another member having made a purchase (“Qualifying Time Frame”), both members of that Squad who made a purchase will be awarded an additional 50 points, credited to their Subcard®. The rest of the Squad will not get additional points from that purchase as they did not make any purchase within the Qualifying Time Frame. Any purchase made outside the Qualifying Time Frame will start a new timeframe. At least two members of a Squad must make a purchase within the Qualifying Time Frame for points to be awarded. 

Bonus points will only be awarded within any Qualifying Time Frame. Additional purchases made by other Squad members within the same Qualifying Time Frame will only accrue points in accordance with the usual Subcard® points awards (as set out above). Qualifying Time Frames will not overlap. A period of 24 hours can allow for up to 6 Qualifying Time Frames within which an additional 50 points may be earned, allowing up to 300 additional points in any 24-hour period, subject to qualifying purchases being made in accordance with these Terms. Points will be shown on the Subsquad® feature within Subcard® App on the following business day. 
Purchases made outside the Qualifying Time Frame but within 24 hours of the initial purchase triggering a Qualifying Time Frame may be awarded 50 additional points, at Subcard®’s sole discretion, where the purchase is delayed due to queues, store availability or other factors affecting an in-store purchase which is outside the Subcard® member’s control.  

Subcard® reserves the right to change the allocation of the points awarded to any members of the Squad using the Subsquad® at any time. Subcard® reserves the right to cease providing Subsquad® at any time.               

Points earned using Subsquad® only apply to purchases made in participating Subway® stores situated in the UK and ROI No minimum spend requirements apply to Subsquad® purchases eligible for additional points rewards. 

Subsquad® bonus points will not be awarded on any purchases where a Subcard® IOU receipt is issued by a Subway® store. Subcard® reserves the right to remove points from a Subcard® account if it is believed that these have been obtained fraudulently or in breach of these Terms. 

 

8. Intellectual Property Rights

This Site contains material such as trademarks, copyrights, trade dress, services mark and/or other intellectual properties owned by or licensed to Eat Commerce, IPC Europe, Subway® group or another third-party.

The Site includes also arrangements, designs and layouts, software and other applications the display of these list is not intended to be a comprehensive compilation of all rights owned or licensed for us or by us. All rights not expressly granted are reserved. We grant you a limited, non-exclusive license to view and use the IP for personal use-only. Any kind of commercial use is strictly prohibited.

All intellectual property rights contained in this Site shall not be copied, distributed, reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Subway® and/or us. By using or visiting this Site you do not acquire or obtain by implication or otherwise any license, title or ownership, exclusive-use rights or any kind of intellectual property rights. You agree not to create any kind of derivative works form or exploit the IP of this Site. In any way.

This Site must not be used in breach of these Terms or in violation of any applicable law or infringed any third-party rights. The use of this Site for an unlawful or prohibited purpose either by these Terms or by any applicable law which may violate civil or criminal law will be your own responsibility and you will be liable for such actions and either us or Subway shall not be liable for such actions. Subcard® shall immediately cancelled the Subcard® membership and you must either return or destroy any copies of the materials you have made.

You agree that in the event of unauthorised use of these IP which causes an irreparable harm to Subcard® or Subway®, they are entitled to obtain an injunction in addition to any other remedies available at law or in equity.

You also agree not to infringe any third party right IP rights in this Site.

 

9. Viruses

We do not guarantee that this Site is secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not interfere with the proper functioning of the Site or the services provided, transmit files, data or other material containing a computer virus corrupted data, worms, trojan horses or other instructions or design that would erase data or programming or cause the site or any equipment or system to become inoperative or incapable of being used in the full manner for which it was designed. You must not deliver any communication to or through the Site which violates any local or international law and/or contains defamatory libellous, abusive or obscene material or infringe upon the rights of any third party. You will be liable for these actions describe in this paragraph.

 

10. Third party links

This Site may include links to other websites, these third-parties links are not part of Subcard® and they have not been reviewed by Subcard®. The information in other third-parties’ links is not our responsibility, therefore we advise you to read the terms and conditions and privacy notice of those third-party websites as it will be your sole responsibility if you decide to use them. They may share your Personal Data with us but that sharing of information is governed by the third-party ‘s privacy notice not ours. In situations where your Personal Data is shared with us as we are classed as the “processor”, and as defined by the relevant data protection legislation in place from time to time we will comply with our legal responsibilities as a “processor”.

 

11. Disclaimer of liability

Each exclusion or limitation of liability in these Terms applies to us (Eat-Commerce and or IPC Europe) Subway®, directors, employees and agents of these entities

The information and services provided by this Site are offered “as is” without any condition or warranty of any kind whatsoever either expressed or implied. We do not make any representation, expressed or implied, including but not limited to implied warranties of merchantability or error-free, or that this Site or its servers will be free of virus or other harmful component or defect.

We do not exclude liability for death or personal injury arising from its own gross negligence or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We do not warrant, or represent any content from this Site, and you agree that the use of this Site is at your own risk and to the extent permitted by law. We exclude all conditions, warranties, representations or other terms which may apply to this Site or any content on it, whether implied or express.

We shall not be liable to any user for any loss or damage, whether in contract, tort including negligence, breach of statutory duty, or otherwise, even if foreseeable, arising under of, in connection with the use of or inability to use this Site, loss of business opportunity, loss or damage caused by a virus, distributed denial-of-attack or other harmful technology, data or proprietary material that may infect your computer or equipment.

 

12. Indemnification

IF YOU FAIL TO COMPLY WITH THESE TERMS YOU WILL BE LIABLE AND RESPONSIBLE OF ANY COST THAT WE OR OUR FRANCHIISEES MAY INCUR AS A DIRECT RESULT OF YOUR FAILURE. ANY FAILURE OR NEGLECT TO ENFORCE ANY OF OUR RIGHTS UNDER THESE TERMS WILL NOT BE DEEMED TO BE A WAIVER OF THAT OR ANY OTHER OF OUR RIGHTS. NO SINGLE OR PARTIAL EXERCISE OF ANY RIGHT OR REMEDY WILL PRECLUDE ANY OTHER OR FURTHER EXERCISE OF ANY RIGHT OR REMEDY.

 

13. Limitation of liability

WE EXCLUDE ALL LIABILITY AND RESPOSIBILITY PERMIITTED BY LAW FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE IN CONNECTION WITH THIS SITE IN ANY WAY WHATSOEVER. 

 

14. Security

When you create the account, we will ask you for a user name and a password which will be used to secure your account, the security of your account is your responsibility and you will be responsible if someone else uses your account, if you lose your Card or share your password.

Please keep your user name and password with you, do not share them with anyone. If you believe you lost your password or your account has been hacked, please let us know immediately so that we can investigate the problem, we may need to suspend your password in the meanwhile.

 

15. Notifications

To find out about the different types of notification that we send and how we contact with you, the different options that you have to opt-in and to opt-out, please read the Privacy Notice.

 

16. Cancellation

You have the right to cancel your Subcard® membership at any time and if you do so you will lose the right to redeem all unused points, and we will erase your account including your personal details unless that we have a legal reason to keep it for a longer period. In order to cancel your Subcard® membership, please send us an email Support Desk subcard@ipceurope.org.

 

17. Data Protection

We collect, store and process you person data in accordance with our Privacy Notice which forms part of these Terms. Please, before registering with us, first read our Privacy Notice.

 

18. Complaints and queries

If you are not happy with the services you have received, please send an email to Support Desk subcard@ipceurope.org with your complaint or query which will be answered without undue delay.

If you are still not satisfied by our services and how we handle your complaint or query you should contact the Information Commissioners’ Officer (ICO) by clicking in the following link https://ico.org.uk/. You will also find useful information about data protection law.

 

19. Support Desk

When you place a complaint, query or you need any kind of assistance (“query”), your Personal Data will be collected, processed and stored by IPC Europe. The information is collected according to the data you voluntarily send. The details of how your personal information is handled are contained in the Privacy Notice, please visit http://www.ipceurope.org/  for  more details about IPC Europe and its data sharing.

 

20. Changes

We may revise and/or amend these Terms at any time, if there is any material change to this Terms, we will notify you whether by email any electronic means such as by way of notice in our Site or otherwise as required by the applicable law. We encourage you to review these Terms and the Privacy Notice of this Site from time to time as they are binding, Thus, the continued use of the Site after the posting or notice of any amendment in the Terms or in the Privacy Notice shall constitute your agreement to be bound by any changes.  

 

21. Jurisdiction

These Terms are governed by English law and subject to the exclusive jurisdiction of the English Courts.

 

22. Complete agreement

These Terms and the Privacy Notice constitute the entire agreement between us and you with respect to your use of this Site.

 

ONLINE ORDERING CUSTOMER TERMS AND CONDITIONS

  1. General information
    1. These terms and conditions together with our Privacy Notice and our Cookie Policy, form the basis of the contract (“Agreement”) between you and Eat-Commerce Limited. Eat Commerce Limited is a company registered in England under company number 06257445 whose registered office address is at Rapid House, 40 Oxford Road, High Wycombe, Buckinghamshire, HP11 2EE (“we”, “us” or “our(s)”).  Our registered VAT number is 917668876.  We are owned by European Independent Purchasing Company Ltd trading as IPC Europe (“IPC Europe”).
    2. The Agreement explains how you can place an order for Menu Items through the Subcard® mobile application (“Subcard® App”) or the website at https://www.subway.com/en-GB (“Subway® Online Ordering Website”) (“Online Ordering”), and how to use the Subcard® App and the Subway® Online Ordering Website. Please read this Agreement carefully before placing an order through Online Ordering as it explains about how to make an online or mobile order for Menu Items (“Order“) and other important information.  For more information, or if you have any questions about this Agreement or Online Ordering, please email us at subcard@ipceurope.org before placing an Order.
    3. We provide the Online Ordering so that you can place an Order online with a participating Subway® store located in the United Kingdom and the Republic of Ireland (“Subway® Stores”). All Subway® Stores are independently owned and operated by individual Subway® franchise owners (“Franchise Owners”). We manage Online Ordering on behalf of the Subway® Franchise Owners, as authorised by the Subway® Group of companies.
    4. The Subway® Group comprises a variety of companies including, but not limited to:
      1. Subway IP LLC (the owner of the proprietary system for establishing and operating Subway® stores worldwide);
      2. FWH Technologies, LLC (the owner and licensor of the SubwayPOS® software for use in Subway® stores worldwide);
      3. Franchise World Headquarters, LLC (a service-oriented company that provides core business related services to other Subway Group entities);
      4. Subway International B.V and the other Subway® franchisors (which offer and sell franchises worldwide); and
      5. Subway Franchisee Advertising Fund Trust, B.V. and the other Subway® advertising entities (which administer national and local advertising funds and activities for Subway® stores and Subway® Franchise Owners worldwide).
    5. By clicking the “Accept T’s & C’s” button and proceeding with an Order, you are confirming that you will comply with all the terms of this Agreement. If you do not wish to comply with the terms of this Agreement, then please do not use Online Ordering but visit your local Subway® store in person.
    6. The Subcard® App or the Subway® Online Ordering Website enable you to place an Order with a Subway® Store chosen by you from where you intend to collect your Order (“Your Subway® Store“). We act as agent on behalf of Your Subway® Store to conclude on their behalf the contract with you and to facilitate and manage the ordering process through the Subcard® App or the Subway® Online Ordering Website. When you place an Order on the Subcard® App or the Subway® Online Ordering Website, you are therefore entering into a direct contract for the fulfilment of your Order with the Franchise Owner of Your Subway® Neither we, IPC Europe nor any member of the Subway® group is responsible for the fulfilment of any Order.
  2. Terms of use
    1. The Subcard® App, the Subway® Online Ordering Website and Online Ordering (the “Online Processes”) are only available for private and non-commercial use and must be used in accordance with the terms of this Agreement.
    2. You must be at least 18 (eighteen) years of age to use the Online Processes and confirm this is the case by entering into this Agreement.
    3. You confirm that you will comply with the terms of this Agreement and that you will not use the Online Processes for any unlawful purpose nor for anything other than your own private and non-commercial use.
    4. We try to give you accurate information about Online Ordering. However, you should not assume that the information provided on the Subcard® App and the Subway® Online Ordering Website is accurate, complete and up to date. If you have any questions about the Subcard® App and the Subway® Online Ordering Website, please contact us on subcard@ipceurope.org.
    5. We do not guarantee that the Online Ordering Processes, or the content on the Subcard® App and the Subway® Online Ordering Website, will always be available, uninterrupted or virus free. You should make sure you have sufficient anti-virus software.
  3. Access to online ordering and becoming a Subcard® member
    1. You can register to become a Subcard® member free of charge. To do so, you will need to register on the Subcard® App or at subcard.subway.co.uk. Once registered as a Subcard® member, you will earn Subcard® points on all purchases that you either make when using Online Ordering and are logged into Your Subcard® account or that you make in-store when you scan your Subcard®.
    2. As a Subcard® member, you can access Online Ordering with your Subcard® username and password. This is personal to you. You must not allow your username and password to be used by anyone else and you must not permit or assist anyone who is not a registered Subcard® user to gain access to any part of the Subcard® App.
    3. We recommend that you keep your account details safe. You should tell us immediately if you become aware of any unusual or unauthorised activity on your account. You may change your password at any time within the “Update Your Details” page in the Subcard® App or on the Subcard® website.
    4. You do not need to be a Subcard® member to place an Order. You may place an Order on the Subway® Online Ordering Website as a guest. You can access the Subway® Online Ordering Website by clicking on the ‘Order your Subs Now’ button at the top of the Subway.co.uk website or the Subcard.subway.co.uk website. When ordering as a guest, you will be required to provide your name, mobile phone number and email address. We will use these details in accordance with the terms of our Privacy Notice.
  4. Placing an order
    1. We are responsible for providing you with access to the Subcard® App and the Subway® Online Ordering Website and transmitting the details of your Order to Your Subway® Store.
    2. We may not be able to process your Order if:
      1. the store which you wish to order from is not a participating Subway® Store;
      2. we are not able to take payment from you;
      3. there is a technological failure and we cannot process your order; and/or
      4. you haven’t provided us with enough information to process your order.
    3.  Neither we, IPC Europe nor any member of the Subway® Group is responsible for the fulfilment of any Order. Any Order that you place via Online Ordering will be transmitted to Your Subway® Store and it is then the responsibility of Your Subway® Store.
    4. Any Order is subject to availability at Your Subway® Store. As such, Your Subway® Store may not be able to fulfil an Order that has been processed if it does not have the relevant ingredients in stock (see clause 5.8 below for what happens in these circumstances).
    5. Should you have any questions in relation to any product or availability then you should contact the relevant Subway® Store directly prior to placing your Order.
    6. If you have a problem placing an Order, you should contact Subway® Customer Support via https://www.subway.com/en-GB/ContactUs/ContactUsForm (for customers in the UK) or https://www.subway.com/en-IE/ContactUs/ContactUsForm (for customers in Ireland).
    7. If you have any questions relating to the fulfilment of any Order, or in relation to the goods or service that you receive, please contact Your Subway® Store directly, as soon as possible.
    8. If you are unable to resolve any questions relating to the fulfilment of any Order, or in relation to the goods or services that you receive, by contacting Your Subway® Store directly, and you would like to inform us, you should contact Subway® Customer Support via https://www.subway.com/en-GB/ContactUs/ContactUsForm (for customers in the UK) or https://www.subway.com/en-IE/ContactUs/ContactUsForm (for customers in Ireland).
  5. Price and payment
    1. As each Subway® store is independently owned and operated, prices may vary from store to store. You will pay the final payment price (including VAT) displayed to you before you are asked to click the payment button.
    2. Subject to any offers and/or discounts which may be available in store, but which are not available via Online Ordering, the price you pay online for your Order will be the same price, as you would pay in Your Subway® Store.
    3. Price and availability information is subject to change without notice. All prices include VAT where applicable.
    4. When you place an Order via Online Ordering, you will be required to make payment on the Subcard® App or the Subway® Online Ordering Website before your Order is confirmed.
    5. Once you have selected the menu items that you wish to Order from Your Subway® Store and provided all other required information you can submit your Order by clicking the “Pay” button or a similar button indicating that you are placing your Order. You should therefore carefully check all the information that you enter before clicking “Pay” because once you do so (so as long as the conditions of paragraph 4.2 above do not prohibit your Order) you will not be able to cancel your Order.
    6. Once your Order is confirmed, you will be provided with an order confirmation summary and a confirmation email will be sent to the email address you provided. You can then view and print the VAT receipt from your confirmation email.
    7. Neither you nor we can cancel or change an Order once you have pressed pay and payment has completed. However, if you wish to try to change or cancel your Order, you should contact Your Subway® Store directly in order to see whether they can accommodate your request. There is no guarantee that Your Subway® Store will be able to agree to your request, for example, because they may already have started preparing your Order.
    8. However, if an Order cannot be fulfilled (e.g. if Your Subway® Store is out of stock of certain ingredients requested by you), then Your Subway® Store will contact you directly to discuss alternative options. If you are unable to agree an appropriate alternative with Your Subway® Store then you may request a refund or partial refund by sending an email to the Franchise Owner with your Order ID and the name of Your Subway® Store with whom you placed your Order. The Franchise Owner will then raise a refund request via PayPal. The Franchise Owner’s email address can be found on your Order confirmation email. As payment for all Orders is made via PayPal, the Franchise Owner is not obligated to give any refunds in cash or in any other form.
  6. Collection
    1. Online Orders must be collected from Your Subway® Store. Delivery is not available with Online Ordering.
    2. During the Order process, you will be able to select a collection time for your Order based on the following parameters:
      1. All Orders of up to a combined total of four Subs, salads or wraps (or any combination of these items) require a lead time of at least 15 minutes;
      2. All Orders for 5 or more Subs, salads or wraps (or any combination of these items) require a lead time of at least 45 minutes; and
      3. Orders for 1 to 5 Sub Platters require a lead time of at least 2 hours (or a lead time of 4 hours if the Order is placed between 10:30am and 2:00pm).
    3. Orders for 6 or more Sub Platters cannot be made through Online Ordering. You should contact Your Subway® Store directly to arrange for an Order of this size or greater. You can find their contact details here: https://www.subway.com/en-GB/FindAStore for the UK and https://www.subway.com/en-IE/FindAStore for Ireland.
    4. There are limits as to when Orders can be made and collected, as follows:
      1. Orders of up to a combined total of four Subs, salads or wraps (or any combination of these items) may be collected on the same day up to 30 minutes prior to the Your Subway® Store’s closing time (this means the last time you can place an order for up to four Subs, salads or wraps (or any combination of these items) is 45 minutes before Your Subway® Store’s closing time); and
      2. Sub Platter Orders may be collected on the same day up to 30 minutes prior to the Your Subway® Store’s closing time or placed and collected on the following day after 11am and up to 30 minutes prior to Your Subway® Store’s closing time.
    5. Your Subway® Store’s opening hours can be found on the Subcard® App or the Subway® Online Ordering Website. Please ensure that you check the opening hours before placing an Order. You can find their details here: https://www.subway.com/en-GB/FindAStore for the UK and https://www.subway.com/en-IE/FindAStore for Ireland.
    6. You must collect your Order from Your Subway® Store. You may not change Your Subway® Store once your Order payment has been confirmed.
    7. If Your Subway® Store believes there is likely to be a material delay to your nominated collection time, it is the responsibility of Your Subway® Store to try to contact you using the mobile phone details that you have provided and to give you a new collection time (New Collection Time).
    8. If you do not collect your Order within 30 minutes of your selected or New Collection Time, then Your Subway® Store may dispose of any perishable items (such as Subs, salads, wraps, nachos, hash browns). You will be charged for those items and will not be entitled to a refund. Where items are non-perishable (e.g. crisps, drinks) you may collect your items, on presentation of your Order confirmation email. If you want to cancel your Order for these non-perishable items, you must do so wtihin 14 days from the date of payment of your Order, in that time period you can request a refund for this element of your Order by emailing your request to the Franchise Owner with the Subway® Store name and your Order ID. The Franchise Owner will then raise a refund request via PayPal. The Franchisee Owner email address can be found on your Order confirmation email.
  7. Disputes and refunds
    1. If a billing error entitles you to a refund (i.e. you have been charged too much), the Franchise Owner will be responsible for refunding you. You should contact the Franchise Owner directly via email with the details of the error and discuss whether they will provide you with a refund. The Franchise Owner’s email address can be found on your Order confirmation. A refund may be provided in accordance with PayPal’s refund procedure, which may be found at: https://www.paypal.com/us/smarthelp/article/how-do-i-request-a-refund-faq406
    2. If the Franchise Owner agrees to issue your refund through PayPal, the day on which you may expect to receive your refund depends on the payment method that you used to make your Order. For PayPal’s current guidance, see https://www.paypal.com/us/smarthelp/article/i-want-a-refund.-how-do-refunds-work-faq3248#How%20can%20I%20issue%20a%20refund?
    3. You have a legal right to receive goods that match any descriptions provided for them and any requests made in your Order (that fall within the available menu options provided and which Your Subway® Store can provide) and which are of satisfactory quality. Your Subway® Store is responsible to you in respect of these legal rights as the contract for the supply and purchase of your Order is between you and Your Subway® Store. We have no control over the products or services provided by Your Subway® Store and have no liability to you in this regard.
    4. If you are dissatisfied with any of the products or the services that you received from Your Subway® Store, please contact Your Subway® Store directly or contact Subway® Customer Support via https://www.subway.com/en-GB/ContactUs/ContactUsForm (for customers in the UK) or https://www.subway.com/en-IE/ContactUs/ContactUsForm(for customers in Ireland). Please note that all Subway® Stores are independently owned and operated by individual Subway® franchise owners so there may be variations in the refund policies provided by individual franchise owners.
  8. Cookies
    1. The Subway® Online Ordering Website uses various tools to make the service easier for you to use. To know more about how we use cookies, you can view our Cookies Policy here.
  9. Copyright and trade-marks
    1. Unless otherwise noted, we, Subway IP LLC (“SIP”) or the respective trademark owner are the owner or licensee of all content, copyright, trademarks and intellectual property rights on the Subcard® App and the Subway® Online Ordering Website. All rights not expressly granted are reserved.
    2. Subcard®, Subway® and the Subway® logo are registered trademarks and service marks owned and registered by SIP in multiple jurisdictions including the United Kingdom and the Republic of Ireland. The display of these marks and of notices associated with these marks is not 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.
  10. Privacy statement
    1. We collect and use the personal information you provide through Online Ordering for the purpose of processing any orders.
    2. If you are a Subcard® member, we will process your personal information for the purposes described in the Subcard® Loyalty Scheme Terms and Conditions.
    3. To know more about how we use your personal information, you can see the Subcard® Privacy Notice here. The Subcard® privacy notice contains information about how you can gain access to or seek to correct 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.
    4. Where you contact Subway® Customer Support, your personal information will be processed as described in the Subway® Group Privacy Statement at https://www.subway.com/en-GB/Legal/PrivacyStatement-FWH (for customers in the UK) or https://www.subway.com/en-IE/Legal/PrivacyStatement-FWH (for customers in the Republic of Ireland).
  11. Acceptable personal use
    1. Your use of the materials included on the Subcard® App and Subway® Online Ordering Website is for information, feedback, promotional code redemption, and/or ordering purposes only. You agree you will not copy, reproduce, distribute, publish, transmit, modify, adapt or exploit the contents of, any such materials otherwise than as permitted by SIP. You must not modify the page or make digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    2. Our status (and that of any identified contributors) as the authors of content on the Subcard® App and the Subway® Online Ordering Website must always be acknowledged.
    3. You must not use any part of the content on the Subcard® App and the Subway® Online Ordering Website for commercial purposes without obtaining a licence to do so from Subway IP, LLC, our licensors or us.
    4. If you print off, copy or download any part of the Subcard® App and the Subway® Online Ordering Website in breach of these terms of use, your right to use them ceases immediately and you must, at our option, return or destroy any copies of the materials you have made.
    5. You agree not to use the Subcard® App or the Subway® Online Ordering Website for any purpose that is unlawful or prohibited by this Agreement or to cause damage on or through use of the Subcard® App or the Subway® Online Ordering Website.
    6. You must not misuse the Subcard® App and the Subway® Online Ordering Website or introduce any viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You also should not attempt to gain unauthorised access to the Subcard® App and the Subway® Online Ordering Website or any server, computer or database connected to the Subcard® App and the Subway® Online Ordering Website. You must not attempt to gain unauthorised access to the Subcard® App and the Subway® Online Ordering Website, the server on which they are stored or any server, computer or database connected to them. You must not attack the Subcard® App and the Subway® Online Ordering Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Subcard® App and the Subway® Online Ordering Website will cease immediately.
  12. Links
    1. Please note that the Subcard® App and the Subway® Online Ordering Website may contain links to other websites. Where we control those sites, please note that the terms of use and privacy policies may be different. However, we have no control over the websites and resources provided by third parties and use of these websites is at your own risk. We recommend that you read the terms of use of these websites.
    2. 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 personal data with us and; that sharing is governed by that third party company’s privacy policy.
    3. Unless we say otherwise, we cannot guarantee or promise that the products or services offered via the Subcard® App and the Subway® Online Ordering Website are available at all times. Nothing in the Agreement should be taken to suggest otherwise.
  13. Limitation of liability
    1. Nothing in this Agreement excludes, restricts or modifies our liability to you that we cannot lawfully exclude or limit.
    2. As we only provide Online Ordering for domestic and private use, you agree not to use our site for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. If the Subcard® App and the Subway® Online Ordering Website or any content that we supply or make available, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or to have in place any minimum system requirements advised by us.
    4. We hope you have a good experience when using the Subcard® App and the Subway® Online Ordering Website. However, we’re not responsible to you in any way for:
      1. any losses that you suffer from your use or inability to use the Website;
      2. any losses that you suffer if you use the Website for non-personal use;
      3. any loss of revenue, profit, business or sales that you suffer;
      4. any loss of reputation or goodwill; or
      5. any losses which are not foreseeable or are not obvious when you use the Subcard® App and the Subway® Online Ordering Website.
    5. No member of the Subway Group has any responsibility for Online Ordering or the Online Processes or for the fulfilment of any Order. As such, no member of the Subway Group shall be liable for any damage, loss, liability, injury or disappointment incurred or suffered by you as a result of your use of or inability to use the Online Processes, the placement of or inability to place any order, or for any products or services received or not received following your use of the Online Processes or the placement of any Order.
  14. Severability
    1. If any provision of this Agreement or its application is held to be invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of this Agreement and their application shall not be affected.
    2. If a court finds any provision of this Agreement or its application to be invalid, illegal, or unenforceable, it shall modify and construe the provision to render it valid and enforceable as against all persons or entities.
  15. Applicable law and jurisdiction
    1. This Agreement, your access to and use of the Online Processes are governed by the laws of England and Wales.
    2. If you’re not happy with any of these terms, we agree that any disagreement or dispute will take place in the courts of England and Wales (except if you live in Northern Ireland, you can also go to the courts in Northern Ireland, or if you live in the Republic of Ireland you can also go to the courts in the Republic of Ireland, or if you live in Scotland, you can also go to the courts in Scotland).
  16. Changes to the agreement
    1. We may update the Subcard® App, Subway® Online Ordering Website and/or the content of this Agreement at any time.
    2. Where possible, we will try to notify our users of any major changes to this Agreement and any changes will only apply to your future use of the Subcard® App or Subway® Online Ordering Website. We suggest that every time you wish to place an Order you check these terms to ensure you understand the terms that apply at that time.
    3. If you do not agree to an updated version of the Agreement, your only remedy is to stop using Online Ordering.
  17. Headings
    1. The headings in this Agreement are for convenience only. They have no weight on your or anyone else’s interpretation of the Agreement.

 

Version number: 2.0 – July 2019