Subway® Card Terms and Conditions

The Subway® Card is issued by Value Pay Services LLC ("VPS" or "We"). The following Subway® Card Terms and Conditions apply to the use of Subway® Cards and constitute an agreement (the “Agreement”). Use of a Subway® Card constitutes acceptance of this Agreement, as well as our Privacy Policy

The Subway® Card currently comes in two forms: (i) a physical Card; and (ii) an electronically-transmitted eGift Card. In this Agreement, the term “Subway® Card” refers to both the physical version of the Card and the eGift Card, except where indicated otherwise.

Note: This Agreement includes a binding arbitration provision, a class action and jury trial waiver, and limitations on liability and damages.

IMPORTANT NOTICE REGARDING THE USE OF SUBWAY® CARDS AS AN OPENBUCKS PAYMENT METHOD:

Value Pay Services LLC will be closing the Subway® Mini-Digital Store managed by Openbucks at the end of the day on March 17, 2019. The Subway® Card is currently usable to purchase goods and services at the Subway® Mini-Digital Store managed by Openbucks, subject to certain restrictions set forth below. The Card will continue to be usable for that purpose until the end of the day on March 17, 2019, but it will not be usable for that purpose thereafter.

IMPORTANT NOTICE REGARDING CHANGES TO THE SUBWAY® REWARDS PROGRAM:

On March 12, 2018, Value Pay Services LLC ceased administering the Subway® Rewards Program. Subway MyWay, LLC and Subway MyWay of Canada, ULC have now begun administering the new Subway MyWay™ Rewards Program.

If you had previously registered your Subway® Card online and there is a valid email address associated with your Subway® account, your Rewards Points have automatically been transferred to the new Subway MyWay™ Rewards Program and converted to Tokens of equivalent value. Rewards will then be issued based on your converted balance. To check your Subway MyWay™ Rewards balance, manage your account, or view available offers, log into your Subway® account by clicking HERE. Use the same user name and password you previously used to log into your account at www.mysubwaycard.com.

If you have not registered your Subway® Card online, please visit www.subway.com and register your Card. If you have registered your Subway® Card online but the email address you provided when registering your Card is no longer valid, visit the Subway MyWay™ FAQ page pertaining to the Rewards Program for further information.

Participation in the new Subway MyWay™ Rewards Program is subject to, and constitutes acceptance of, the Subway MyWay™ Rewards Program Terms of Use. To view the Terms of Use for the U.S., click HERE. To view the Terms of Use for Canada, click HERE. For more information on the new Subway MyWay™ Rewards Program, you can access the program FAQs by clicking HERE.

About Your Subway® Card

Purchasing a Subway® Card

The physical Subway® Card may be purchased at participating Subway® restaurants in the U.S. and Canada, online at subway.cashstar.com, and at other authorized retailers. The Subway® eGift Card may be purchased online at subway.cashstar.com and at other authorized retailers.

Use of Subway® Cards

The Subway® Card is usable up to its balance only to purchase goods or services at participating Subway® restaurants in the U.S. and Canada, online at www.subway.com or through the Subway® App, and at the Subway® Mini-Digital Store managed by Openbucks, subject to certain restrictions. Some Subway® eGift Cards must be registered prior to use. Physical Subway® Cards may also be used in connection with the new Subway MyWay™ Rewards Program, as set forth below. Subway® eGift Cards may not currently be used in connection with the new Subway MyWay™ Rewards Program; however, the balance on a registered eGift Card may be transferred to a physical Subway® Card, and that Card may be used in connection with the new Subway MyWay™ Rewards Program, as set forth below.

Note: The Subway® Mini-Digital Store managed by Openbucks will be closing at the end of the day on March 17, 2019. The Subway® Card will not be usable to purchase goods or services through Openbucks after March 17, 2019.

Participating Restaurants

To find out if a particular Subway® restaurant is a participating restaurant, ask the Sandwich Artist® prior to placing your order or call ahead. We cannot guarantee acceptance of your Subway® Card at all Subway® restaurants because Subway® restaurants operate as independent franchises.

Restrictions

The Subway® Card must be presented at the time of order to purchase goods or services. The Card may not be used to buy additional Cards, and is not redeemable for cash except as required by law. The Card also may not be resold without the prior consent of Value Pay Services LLC. The Card is not a credit or debit card, and no credit card, overdraft protection, deposit account, or depository insurance is associated with it.

Only those physical Subway® Cards which have been purchased at Subway® restaurants may be used at the Subway® Mini-Digital Store managed by Openbucks. Likewise, only those Subway® eGift Cards which have been purchased at the Subway® Mini-Digital Store managed by Openbucks may be used at the Subway® Mini-Digital Store managed by Openbucks. Physical Subway® Cards and eGift Cards which have been purchased or obtained through subway.cashstar.com or from other third-party sellers or entities may not be used at the Subway® Mini-Digital Store managed by Openbucks.

Currency

The Subway® Card is available in U.S. Dollars (“USD”) and Canadian Dollars (“CAD”). When a Subway® Card which has been loaded with USD is used to purchase goods or services at participating Subway® restaurants in Canada, the Card balance will automatically be converted from USD to CAD for purposes of the transaction. Similarly, when a Subway® Card which has been loaded with CAD is used to purchase goods or services at participating Subway® restaurants in the U.S., the Card balance will automatically be converted from CAD to USD for purposes of the transaction. In either case, the conversion will be performed using a currency conversion rate which is updated on or about a weekly basis. The Card balance remaining after the transaction, if any, will be maintained in the currency which was originally loaded.

Expiration / Fees

The Subway® Card prepaid dollar value balance never expires, nor do we charge any fees in connection with its use.

Registration

To create a Subway® account and register your Subway® Card, click HERE or download the Subway® App. You must submit a valid email address.

Each customer may maintain only one Subway® account. Once you have created a Subway® account and registered a Subway® Card, you may add other Subway® Cards by logging into your account HERE or the Subway® App.

By creating a Subway® account, you will automatically be enrolled in the new Subway MyWay™ Rewards Program. However, in accordance with applicable privacy policies, you may opt out of receiving associated communications if you so choose.

Balance

You can check the balance on a registered Subway® Card at participating Subway® restaurants, online by logging into your account HERE, or through the Subway® App. You can check the balance on an unregistered Subway® Card at participating Subway® restaurants or by calling Subway® Care at 1-877-697-8222.

PIN

Your Subway® Card has a Card Number and a Personal Identification Number (“PIN”) associated with it. On physical Subway® Cards, the PIN can be found by scratching off the silver box on the back of the Card. For Subway® eGift Cards, the PIN will be contained in the email in which the Card is delivered. The PIN is used to help identify you when checking account information online or when talking by telephone with customer service representatives.

Reloading Your Card

A Subway® Card which was initially loaded with USD may also be loaded or reloaded with CAD, and vice versa.

You can reload your Subway® Card dollar value balance in several ways. The physical version of the Subway® Card may be reloaded at participating Subway® restaurants in the U.S. and Canada, using cash or a credit card, and may also be reloaded online at www.subway.com using a credit card. Physical Subway® Cards need not be registered in order for them to be reloaded at Subway® restaurants, but they must be registered in order to be reloaded online at www.subway.com using a credit card. Subway® eGift Cards cannot currently be reloaded; however, the balance on a registered eGift Card may be transferred to a physical Subway® Card, and that Card may then be reloaded as discussed above.

The maximum dollar value that can be associated with any one Subway® Card at any given time is $500.00. The maximum value that can be associated with a Card on any calendar day, between beginning balance and reload activity, is $2,000.00. No single individual may purchase Cards with a total value of more than $10,000.00 on any calendar day.

Unauthorized Transactions / Replacement of Lost, Stolen, or Damaged Cards

You are responsible for all transactions associated with your Subway® Card, whether authorized or unauthorized. You should, therefore, safeguard your Card.

If you have registered a Subway® Card and it is subsequently lost, stolen, damaged, or otherwise rendered non-functional, or if you believe that someone has copied your Subway® Card, call Subway® Care at 1-877-697-8222. You will be transferred to a Subway® customer service representative who will be able to freeze the remaining unused balance on your Card as of that time. Once the Subway® customer service representative freezes the remaining unused balance on your Card, complete the Card Replacement Electronic Form and submit it along with proof of purchase of your Card. We will issue a replacement Card within 7-10 business days thereafter.

Subway® Cards which have been lost, stolen, damaged, or otherwise rendered non-functional will be replaced only if the Card was previously registered and proof of purchase is provided.

Fraud

We reserve the right to refuse to accept or otherwise limit the use of any Subway® Card if we reasonably believe the use is unauthorized or unlawful.

The Subway® Card Rewards Program

As noted above, on March 12, 2018 VPS ceased administering the Subway® Rewards Program. Subway MyWay, LLC and Subway MyWay of Canada, ULC have now begun administering the new Subway MyWay™ Rewards Program.

If you had previously registered your Subway® Card online and there is a valid email address associated with your Subway® account, your Rewards Points have automatically been transferred to the new Subway MyWay™ Rewards Program and converted to Tokens of equivalent value. Rewards will then be issued based on your converted balance. To check your Subway MyWay™ Rewards balance, manage your account, or view available offers, log into your Subway® account by clicking HERE. Use the same user name and password you previously used to log into your account at www.mysubwaycard.com.

If you have not registered your Subway® Card online, please visit www.subway.com and register your Card. If you have registered your Subway® Card online but the email address you provided when registering your Card is no longer valid, visit the Subway MyWay™ FAQ page pertaining to the Rewards Program for further information.

Participation in the new Subway MyWay™ Rewards Program is subject to, and constitutes acceptance of, the Subway MyWay™ Rewards Program Terms of Use. To view the Terms of Use for the U.S., click HERE. To view the Terms of Use for Canada, click HERE. For more information on the new Subway MyWay™ Rewards Program, you can access the program FAQs by clicking HERE.

Resolution of Disputes / Limitations on Liability and Damages

Please read this entire section carefully. It requires binding arbitration of most disputes instead of litigation in court, and affects legal rights that you may otherwise have.

Arbitration Rights / Class Action and Jury Trial Waiver

Any claim, controversy, or dispute arising out of or relating to your use of the Subway® Card or this Agreement – whether based in contract, tort, statute, or other legal theory – shall be resolved by binding arbitration in accordance with the arbitration procedures set forth below, except that we or you may pursue relief in small claims court if the dispute falls within the applicable small claims court’s jurisdiction, and we or you may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

We and you both hereby waive the right to pursue any claim arising out of or relating to your use of the Subway® Card or this Agreement on a class action, consolidated, representative, or private attorney general basis, whether in arbitration or in court. We and you also hereby waive the right to a jury trial.

For clarity, VPS is only involved in the issuance of Subway® Cards and the administration of the Subway® Card program. It does not own or operate any Subway® restaurant, and is not in any way involved in food service. Each Subway® restaurant is owned by an independent franchisee and operated as an independent business. The arbitration clause contained in this Agreement only applies to claims which actually arise out of or relate to the use of Subway® Cards or this Agreement, such as disputes over credits or debits to your Card account, or redemptions required under state law. The arbitration clause does not apply to claims relating to goods or services purchased with Subway® Cards at Subway® restaurants. Any such claims should be directed to the individual Subway® franchisees which own and operate the restaurants in question.

Note: In some jurisdictions, the law may not permit the foregoing arbitration clause, waiver of class actions, or waiver of jury trial. If those laws are applicable to you, some or all of the foregoing requirements and waivers may not apply to you. In that event, the requirements and waivers shall be applicable to the fullest extent permitted by law.

Arbitration Procedures

Any arbitration in connection with this Agreement shall be conducted by the American Arbitration Association (the “AAA”), in accordance with its Consumer Arbitration Rules (the “AAA Rules.”). The AAA Rules and information about the arbitration process are available at www.adr.org or by calling 1-800-778-7879.

If you wish to initiate an arbitration proceeding, you must send a letter describing your claim to Value Pay Services LLC’s registered agent, CT Corporation System, 1200 South Pine Island Road, Plantation, FL 33324. The letter must briefly explain the dispute, list the names and addresses of both you and the business(es) involved in the dispute, specify the amount of money in dispute if any, identify the requested location for the arbitration hearing if you wish to have an in-person hearing, and state what you are seeking in terms of relief. You must also either send a copy of the letter to the American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or file it online using the AAA’s WebFile system, which may be accessed through www.adr.org.

The arbitration will take place in the county in which you reside and will be decided by a single arbitrator, unless the parties agree otherwise. The arbitrator will have the power to award you, on an individual basis, the same damages and other relief that a court can award under this Agreement and applicable law.

For claims of less than $1,000, we will be responsible for paying all administrative fees and costs. Otherwise, the payment of all administrative fees and costs will be governed by the AAA Rules. Reasonable attorneys’ fees and related expenses may be awarded only to the extent permitted under applicable law.

The arbitration award will be subject to limited court review, and judgment on the award may be entered in any court having proper jurisdiction. The arbitration shall be confidential, and neither we nor you may disclose the existence, content, or results thereof, except for purposes of enforcement of any arbitration award or otherwise required by law.

Limitations of Liability and Damages

We make no warranties, express or implied, with respect to the Subway® Card, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. In the event that your Card is lost, stolen, damaged, or otherwise rendered non-functional, your sole remedy, and our sole liability, shall be the replacement of such Card in accordance with the terms set forth above.

We and you agree that, on any claim arising out of or relating to your use of Subway® Card or this Agreement, recovery of damages shall be limited to actual and direct damages, and may not include any indirect, special, consequential, enhanced, or punitive damages. We and you both hereby waive the right to seek or recover any indirect, special, consequential, enhanced, or punitive damages.

Note: In some jurisdictions, the law does not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If those laws are applicable to you, some or all of the foregoing limitations and waivers may not apply to you. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law.

Extension to Related Entities and Persons / Survival

The foregoing arbitration provision, limitations, and waivers are intended to be construed broadly, and shall apply to any and all claims arising out of or relating to your use of the Subway® Card or this Agreement, against any entity or person affiliated with Subway®, including but not limited to Doctors Associates Inc., Franchise World Headquarters LLC, Subway IP Inc., Independent Purchasing Cooperative, Inc., VPS, any Subway® franchisee in the U.S. or Canada, and any of their respective directors, officers, employees, or other representatives.

The foregoing arbitration provision, limitations, and waivers shall also survive the termination of this Agreement.

In the event that any part of this Agreement is determined by an arbitrator or court to be invalid or unenforceable, the remainder shall still be given full force and effect, to the fullest extent permitted by law.

Governing Law

We and you agree that your use of the Subway® Card, and this Agreement, evidence transactions affecting interstate commerce, which render this Agreement subject to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

This Agreement shall otherwise be governed by and construed in accordance with the substantive laws of the State of Florida, without reference to any rules regarding conflicts of law.

Effective Date / Changes to Terms and Conditions

These Subway® Card Terms and Conditions are effective upon publication on this website. You should not use your Card if you object to this Agreement. Use of the Card constitutes acceptance of this Agreement.

We reserve the right to modify or terminate the Subway® Card Terms and Conditions at any time, by posting notice of such modifications on this website.

If you have not registered your Subway® Card online, please visit www.subway.com and register your Card. If you have registered your Subway® Card online but the email address you provided when registering your Card is no longer valid, visit the Subway MyWay™ FAQ page pertaining to the Rewards Program for further information.

Updated September 21, 2018