Terms and Conditions

Table of Contents

  1. Acceptance of Terms of Use
  2. Copyrights & Trademarks
  3. Materials & Acceptance
  4. Privacy Statement / Children and Data Collection
  5. Feedback & Submissions
  6. Restrictions on Use
  1. Links
  2. Disclaimer
  3. Limitation on Liability
  4. Indemnification
  5. Miscellaneous
  6. Complete Understanding

PLEASE CAREFULLY REVIEW THESE TERMS OF USE FOR THIS WEBSITE.

1. Acceptance of Terms of Use - (Top)

Franchise World Headquarters, LLC ("FWH") operates and hosts the Website (the "Website") located at: www.subway.com/en-nz, whose servers are located in the United States of America ("USA"), on behalf of SFAFT BV and Subway IP Inc. FWH is licensed to use the Subway® trademark. Subway IP Inc. ("SIP"), owns the trade name and service mark Subway®, the recipes, formulas, food preparation procedures, business methods, business forms, and business policies. SIP does business as "SUBWAY" and licenses the Subway® trademark and Subway® Restaurant System to its affiliates in order to develop Subway® restaurants worldwide. SFAFT BV is the franchisor in Australia.

BY ACCESSING, BROWSING, AND/OR USING THE PAGS OR SERVICES POSTED ON THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE ("TERMS OF USE"). YOU CONSENT TO RECEIVE REQUIRED NOTICES (IF ANY) AND YOU ATTEST THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN THE COUNTRY WHICH YOU RESIDE. THESE TERMS OF USE CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT FWH'S LIABILITY TO YOU. YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE, OR USE THIS WEBSITE.

FWH may change these Terms of Use at any time in its sole discretion. The modified Terms of Use will be effective immediately upon posting and, by continuing to use the Website, you agree to the new posted Terms of Use. You are responsible for staying informed of any changes. If you do not agree to the new posted Terms of Use, your only remedy is to discontinue use of the Website.

While FWH, makes reasonable efforts to provide accurate and timely information about the Subway® Brand on the Website, you should not assume that the information provided is always up to date or that the Website contains all the relevant information available.

2. Copyrights & Trademarks - (Top)

Unless otherwise noted, all Materials on the Website are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned, licensed or used by SIP. Subway® and the Subway® logo are registered trademarks and service marks owned and registered by SIP. SIP's marks on the 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 or its licensee'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.

3. Materials & Acceptance Use - (Top)

The ("Materials") on this Website may include, but are not limited to; Subway® Restaurant Location Information, Menu & Nutrition Information, Catering Information, Subway® Fresh Buzz Information, Company Contact Information, Company History, News, FAQ's, Career Information and Subway® Franchise Information. Some of these Materials may not be available in your country. Franchise Information on the Website does not constitute an offering for the sale of a franchise. Such offering is only commenced by the delivery of the Franchise Disclosure Document to you in compliance with the law regulating the sale of franchise opportunities in your country.

You will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or cause damage on or through use of the Website. You agree that none of your communications with or through the Website will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations. You agree that none of your communications with or through the Website will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.

The Materials published on the Website may not be copied or distributed, modified, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by FWH or SIP. All of the Materials available on the Website are proprietary and the subject of copyright, author's rights 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 not to create any kind of derivative works from, or exploit the Materials of the Website in any way.

You agree that the unauthorized use of the Materials could cause irreparable harm to FWH and SIP, and that in the event of an unauthorized use, FWH or SIP, shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.

4. Privacy Statement / Children and Data Collection - (Top)

To find out more about FWH's privacy practices and procedures including Children and Data Collection, please see the Subway® Online Privacy Notice located at: www.subway.com/en-nz/legal/privacystatement-fsb. Except where other notices or consents are required by law, by accessing, browsing, and/or using the pages or services posted on this Website, you agree to FWH's Privacy Statement and to the collection, use, and disclosure of such Personal Information and any submissions in accordance with FWH's Privacy Statement located at: www.subway.com/en-nz/legal/privacystatement-fsb.

5. Feedback & Submissions - (Top)

Your submissions, feedback and comments ("Submissions") are entirely voluntary, non-confidential, and gratuitous. You agree you are, and shall remain, solely responsible for the contents of any Submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. FWH, appreciates your interest, however, do not want, and cannot accept, any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Therefore, you grant to SIP and its designees a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use any ideas, expression of ideas or Submissions without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the Submission, and all rights therein, in the name of the SIP or its designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant and agree that any and all "moral rights" pertaining to any copyrighted materials have been waived.

By making a Submission, you acknowledge and agree that SIP, FWH, and their designees may create on their own or obtain other Submissions that may be similar or identical to the Submission you submit. You hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any Submission accepted, reviewed and/or used by FWH, or their designees is similar to your Submission.

6. Restrictions on Use - (Top)

Materials from the Website may not be copied, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal browsing without prior written consent of FWH, . Proprietary information remains the sole property of SIP. The Materials on the Website are provided for lawful purposes only and any other use or modification of the Materials found on the Website violates the intellectual property rights of SIP. SIP retains full and complete title and intellectual property rights to all Materials. You may not reproduce, sell, repost, modify, or convert any Materials on the Website in any manner inconsistent with these Terms of Use.

You agree the following kinds of conduct are illegal and/or prohibited on the Website. Prohibited activities include, but are not limited to, the following: (a) using the Website for any purpose intentionally or unintentionally, in violation of any applicable, local, state, federal, provincial, national, or international laws and/or regulations; (b) posting or transmitting through the Website any information, data, text, files, links, software or other materials that FWH, consider to be unlawful, obscene, defamatory, pornographic, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity or that constitutes cyber-harassment or cyber stalking as determined by FWH, in their sole discretion; (c) posting content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; (d) posting URLs to external Websites or any form of HTML or transmitting executable programming of any kind, including viruses, spyware, Trojan horses or similar programs; (e) posting or transmitting anything that may be spam, direct marketing communications or any unsolicited advertising, promotional or commercial content; (f) impersonating another person when using the Website, posting any content or Personal Information or attempting to conceal or misrepresent the identity of the person making the Submission or the origin of any Submission or allowing any other person or entity to use your identification for posting, viewing comments or using the Website; (g) harvesting or otherwise collecting information about others, including e-mail addresses; and (h) encouraging other people to engage in any prohibited activities as described herein. FWH, reserves the right to investigate and take appropriate legal action against anyone who, in their sole discretion, engages in any of the prohibited activities.

You agree that FHW, reserves the right but are not obligated to do any or all of the following: (a) investigate an allegation that any Submission posted on the Website does not conform to these Terms Of Use and determine in their sole discretion to remove or request the removal of any Submission; (b) remove any Submission which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use; (c) terminate a user's access to the Website; (d) monitor, edit, or disclose any Submission on the Website; or (e) edit or delete any content posted on the Website, regardless of whether such content violates these Terms of Use.

7. Links - (Top)

Please note that FWH's website: www.subway.com may contain links to other websites for your convenience and information. FWH does not control those websites or their privacy practices, which may differ from www.subway.com. FWH's Privacy Statement cannot and does not apply to external websites. FWH does not endorse or make any representations about third-party websites. The Personal Information you choose to give to unrelated third-parties is not covered by the FWH Privacy Statement. FWH encourages you to review the Privacy Policy of any company or website before submitting your Personal Information. Some third-parties may choose to share their Personal Information with FWH; that sharing is governed by that third-party company's Privacy Policy, not, FWH's Privacy Statement.

8. DISCLAIMER - (Top)

EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS, ALL CONTENTS, MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. FWH, DO NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FWH, DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS WEBSITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF FWH, ARE AWARE OF THEM.

FWH cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. FWH is an equal opportunity employer. Subway® franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those of FWH.

Except as described otherwise, all materials in the Website are made available only to provide information about Subway® restaurants. FWH controls and operates this Website from its offices in the United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations you are responsible for compliance with applicable local laws. Some software from this Website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

9. LIMITATION ON LIABILITY - (Top)

YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE WEBSITES IS TO DISCONTINUE YOUR USE OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FWH, AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE) AND THE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS OF FWH, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIAL ON SUCH WEBSITES, OR USE OF ANY SUBMISSION, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE.

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT FWH'S LIABILITY IN STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FWH'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification - (Top)

You agree to indemnify, defend and hold harmless FWH 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 these Terms of Use as well any claims arising from any unauthorized uses you may make of the Materials on the Website.

11. Miscellaneous - (Top)

You may not transfer or assign in any way any of your rights or obligations under these Terms of Use. Any such transfer or assignment shall be null and void.

If any provision of these Terms of Use or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms of Use and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

FWH's failure to insist upon or enforce strict compliance with any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

The headings for each of these Terms of Use are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms of Use.

12. Complete Understanding - (Top)

These Terms of Use, and Privacy Statement located at: www.subway.com/en-nz/legal/privacystatement-fsb, constitute the entire understanding between FWH and you with respect to your use of the Website.

LAST REVISED: 02/15/2016

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