Altaine Ltd. (“Altaine”) administers the website located at www.subwayexpress.co.nz. (The “Site”) on servers in a secure hosting facility in Auckland, New Zealand. Altaine administers the Site on behalf of, or in conjunction with the following entities: Subway International B.V. (“SIBV”), Subway Franchisee Advertising Fund Trust B.V. (“SFAFTBV”) and Independent Purchasing Company (Australasia) Ltd. (“IPCA”) collectively referred to herein as the (“SUBWAY® Entities”).
Altaine may share information, including Personal Information, with the “SUBWAY® Entities. Altaine and the SUBWAY® Entities provide the Site so that customers can place online orders with participating SUBWAY® Restaurants located in New Zealand. All SUBWAY® Restaurants are independently owned and operated by Franchisees.
BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”). YOU CONSENT TO RECEIVE REQUIRED NOTICES (IF ANY) AND YOU ATTEST THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE. THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT ALTAINE’s AND THE SUBWAY® ENTITIES’ LIABILITY TO YOU. YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, BROWSE, OR USE THIS SITE.
Altaine and the SUBWAY® Entities may change these Terms and Conditions at any time in their sole discretion. The modified Terms and Conditions will be effective immediately upon posting and, by continuing to use the Site, you agree to the new posted Terms and Conditions. You are responsible for staying informed of any changes. If you do not agree to the new posted Terms and Conditions, your only remedy is to discontinue use of the Site.
While Altaine and the SUBWAY® Entities make reasonable efforts to provide accurate and timely information about the SUBWAY EXPRESS® Program on the Site, you should not assume that the information provided is always up to date or that the Site contains all the relevant information available.
IP Protocol Addresses and Web Logs
This Site's web 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 the Site, 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 Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. 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
SUBWAY® Group adheres to the United States federal privacy protection standards as stated in the Children's Online Privacy Protection Act (“COPPA”) and care about the safety of children. The SUBWAY® Group will not knowingly allow anyone under 13 to provide them with any personally identifying information. Children under 13 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves (such as their names, e-mail address, and phone number) over the Internet. If a child has provided the SUBWAY® Group Information without the consent of a parent or guardian, the parent or guardian of that child should contact the Privacy Officer immediately at EMAIL ADDRESS. We will use reasonable efforts to promptly delete the child's Personal Information from our servers.
COPYRIGHTS AND TRADEMARKS.
Unless otherwise noted, all materials on the Site are protected as the copyrights, trademarks and/or other intellectual properties owned by Doctor’s Associates Inc. (“DAI”) SIBV, SFAFTBV, IPCA and/or Altaine for purposes of operating this Site.
SUBWAY® and the SUBWAY® logo are registered trademarks and service marks owned and registered by DAI. DAI’s marks on the Site represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by DAI 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 DAI’s worldwide proprietary ownership rights and DAI may own or control other proprietary rights in one or more countries outside of the United States.
All rights not expressly granted are reserved.
Access 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 Site. You can change your password at anytime within the 'My Details' page.
PLACING AN ORDER
To place an order, login with your mobile number and password, choose a participating SUBWAY® Restaurant and a collection time, then browse the SUBWAY EXPRESS® menu and click on any items that you wish to add to your order. After you have finished your selection, then click on "Finish" and you will be asked to name your order. An Order Confirmation summary page will display that you have the option of printing.
All orders require a lead time of at least 5-7 minutes unless the order is for 5 or more items in which case the lead time is a minimum of 40 minutes and 1 hour for catering orders. The Site will not allow you to order if store is closed or outside of opening hours. Order cancellations cannot be made on the Site. Once an order has been placed, it is the customer’s obligation to contact the participating SUBWAY® Restaurant to determine whether or not the order can be cancelled. The decision whether or not the order can be cancelled is completely at the discretion of the participating SUBWAY® Restaurant.
PRICE AND PAYMENT
As each SUBWAY® store 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 store may differ from the recommended retail price.
Price and availability information is subject to change without notice.
Orders must be collected from your participating SUBWAY® Restaurant, as the SUBWAY EXPRESS® service does not currently offer delivery. You must collect your order from the participating SUBWAY® Restaurant nominated by yourself at the time of making the order. Customers may NOT change their nominated participating SUBWAY® Restaurant once an order has been placed and accepted.
The SUBWAY® Entities reserve the right to terminate your ability to order via the Site immediately without notifying you in advance should you not operate your account in line with these terms and conditions.
Your use of the materials included on the Site 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, the Site in any way.
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, or to cause damage on or through use of the Site. You agree that none of your communications with or through the Site 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 Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.
The materials published on the Site may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by the SUBWAY® Entities. All of the materials available on the Site 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 acknowledge that the unauthorized use of the contents could cause irreparable the SUBWAY® Entities and that in the event of an unauthorized use, the SUBWAY® Entities shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.
FEEDBACK AND SUBMISSIONS
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 Site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
The SUBWAY® Entities appreciate your interest, however, the SUBWAY® Entities 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 the SUBWAY® Entities and their 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 SUBWAY® Entities or their designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant that any and all “moral rights” pertaining to any copyrighted materials have been waived.
By making a Submission, you acknowledge and agree that the SUBWAY® Entities 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, and/or may have in the future, that any Submission accepted, reviewed and/or used by the SUBWAY® Entities or their designees is similar to your Submission.
RESTRICTIONS ON USE
Any and all material from the Site 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 the SUBWAY® Entities. Any proprietary information remains the sole property of Altaine and/or the SUBWAY® Entities. The materials on the Site are provided for lawful purposes only and any other use or modification of the materials found on the Site violates the intellectual property rights of Altaine and/or the SUBWAY® Entities. Altaine and/or the SUBWAY® Entities retain full and complete title and intellectual property rights to all materials. You may not reproduce, sell, repost, modify, or convert any materials on the Site in any manner inconsistent with these Terms and Conditions.
You agree the following kinds of conduct are illegal and/or prohibited on the Site. Prohibited activities include, but are not limited to, the following: (a) using the Site for any purpose intentionally or unintentionally, in violation of any applicable, local, national, or international laws and/or regulations; (b) posting or transmitting through the Site any information, data, text, files, links, software or other materials that Altaine and/or the SUBWAY® Entities 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 Altaine and/or the SUBWAY® Entities 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 Site, 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 Site; (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. Altaine and the SUBWAY® Entities reserve the right to investigate and take appropriate legal action against anyone who, in Altaine and/or the SUBWAY® Entities discretion, engages in any of the prohibited activities.
You agree that Altaine and/or the SUBWAY® Entities reserve the right but are not obligated to do any or all of the following: (a) investigate an allegation that any Submission posted on the Site does not conform to these Terms and Conditions and determine in its 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 and Conditions; (c) terminate a user's access to the Site; (d) monitor, edit, or disclose any Submission on the Site; or (e) edit or delete any content posted on the Site, regardless of whether such content violates these Terms and Conditions.
EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS, ALL CONTENTS, MATERIALS, INFORMATION AND SERVICES ON THIS SITE ARE OFFERED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. NEITHER ALTAINE NOR THE SUBWAY® ENTITIES MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER ALTAINE NOR THE SUBWAY® ENTITIES GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF ALTAINE OR THE SUBWAY® ENTITIES ARE AWARE OF THEM.
LIMITATION ON LIABILITY
YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALTAINE, THE SUBWAY® ENTITIES AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS OF ALTAINE AND THE SUBWAY® ENTITIES 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 SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THIS SITE, ANY WEBSITES LINKED TO THIS SITE, 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 SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITE LINKED TO THIS SITE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT ALTAINE AND THE SUBWAY® ENTITIES 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, ALTAINE AND THE SUBWAY® ENTITIES LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Altaine and the SUBWAY® Entities 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 and Conditions as well any claims arising from any unauthorized uses you may make of the materials or any other material on the Site.
You may not transfer or assign in any way any of your rights or obligations under these Terms and Conditions. Any such transfer or assignment shall be null and void.
If any provision of these Terms and Conditions 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 and Conditions 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.
APPLICABLE LAW AND JURISDICTION
Access to and use of the Site and these Terms and Conditions are governed by the Parliament laws of New Zealand without giving effect to any conflicts of law or choice of laws principles. Any legal action or proceeding relating to your access, or use of the Site or compliance with these Terms and Conditions shall be in the jurisdiction of the courts of New Zealand. You hereby waive any and all jurisdictional and venue defences that might otherwise be available.
Altaine and the SUBWAY® Entities failure to insist upon or enforce strict compliance with any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
The headings for each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms and Conditions.
For more information, or if you have any questions about these Terms and Conditions, please contact us at:
PO Box 8193
09 367 4400