Terms of Use
Order Terms
Last Updated: Oct. 11, 2023
These Order Terms (“Terms”), together with the terms governing your access to and use of our websites and mobile apps, as applicable, govern all Subway® restaurant orders placed using our websites or mobile apps. These Terms are between you and Franchise World Headquarters, LLC (together with its affiliates, the “Subway® Group,” “we,” “us,” or “our”). Our websites and mobile apps are, together, referred to as the “Site(s)”.
By placing an order through our website or mobile app, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand these Terms. If you do not agree to these Terms, do not place an order.
These Terms include and are subject to the terms governing your access to and use of the applicable Site(s) (the “Site Terms”), for example and as applicable, our Terms of Use.
While we operate the Sites, neither we nor any other member of the Subway® Group is responsible for the operation of Subway® restaurants. Instead, Subway® restaurants are owned and operated by independent franchisees. Each restaurant is solely and independently responsible for any issues relating to the sale of products to you.
These Order Terms (“Terms”), together with the terms governing your access to and use of our websites and mobile apps, as applicable, govern all Subway® restaurant orders placed using our websites or mobile apps. These Terms are between you and Franchise World Headquarters, LLC (together with its affiliates, the “Subway® Group,” “we,” “us,” or “our”). Our websites and mobile apps are, together, referred to as the “Site(s)”.
By placing an order through our website or mobile app, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand these Terms. If you do not agree to these Terms, do not place an order.
These Terms include and are subject to the terms governing your access to and use of the applicable Site(s) (the “Site Terms”), for example and as applicable, our Terms of Use.
While we operate the Sites, neither we nor any other member of the Subway® Group is responsible for the operation of Subway® restaurants. Instead, Subway® restaurants are owned and operated by independent franchisees. Each restaurant is solely and independently responsible for any issues relating to the sale of products to you.
1. General Information and Requirements
The Sites allow you to place orders from Subway® restaurants as a guest or using your Subway® account. For information about Subway® accounts (including how to create or terminate a Subway® account), please refer to the applicable Site Terms or contact Guest Care.
You represent and warrant that either you have reached the age of majority in your jurisdiction of residence or, if not, you have reviewed these Terms (including the Site Terms) with your parent or legal guardian and made sure that you and your parent or legal guardian understand and accept these Terms.
The Sites incorporates and integrates with certain Google products and services, to which certain additional terms apply. As a result, please refer to the Google Maps Terms of Service and the Google Privacy Policy.
You represent and warrant that either you have reached the age of majority in your jurisdiction of residence or, if not, you have reviewed these Terms (including the Site Terms) with your parent or legal guardian and made sure that you and your parent or legal guardian understand and accept these Terms.
The Sites incorporates and integrates with certain Google products and services, to which certain additional terms apply. As a result, please refer to the Google Maps Terms of Service and the Google Privacy Policy.
2. Payment Methods
The Sites may allow you to make order payments through certain credit and debit cards, but may not accept all payment cards.
If the first card you select is not accepted, please try another. Transactions consummated through the Sites are with the particular participating Subway® restaurant and not with us or any member of the Subway® Group. We have no responsibility or liability if your payment card is declined by your financial institution. For problems or disputes concerning any order or payment, contact that Subway® restaurant directly or your payment card issuer. Processing of your payment card will be subject to the terms and policies of the applicable payment processor.
If the first card you select is not accepted, please try another. Transactions consummated through the Sites are with the particular participating Subway® restaurant and not with us or any member of the Subway® Group. We have no responsibility or liability if your payment card is declined by your financial institution. For problems or disputes concerning any order or payment, contact that Subway® restaurant directly or your payment card issuer. Processing of your payment card will be subject to the terms and policies of the applicable payment processor.
3. Product Availability
All products and services listed on the Sites are subject to availability and Subway® restaurant participation. Additionally, products and services may be limited in quantity. Some products and services may not be available in certain areas or through certain fulfillment channels. For example, certain products may be available for in-restaurant purchase but not for delivery or catering orders.
The prices and availability of products and services may change at any time without notice to you. Prices remain valid while they are listed and offered on the applicable Site. The Subway® Group and the participating Subway® restaurant reserve the right to cancel, to terminate, or to not process orders (including accepted orders) where the price or other material information on the applicable Site is inaccurate, to revoke any stated price, and to correct any errors, inaccuracies, or omissions (including after a purchase has been made).
The prices and availability of products and services may change at any time without notice to you. Prices remain valid while they are listed and offered on the applicable Site. The Subway® Group and the participating Subway® restaurant reserve the right to cancel, to terminate, or to not process orders (including accepted orders) where the price or other material information on the applicable Site is inaccurate, to revoke any stated price, and to correct any errors, inaccuracies, or omissions (including after a purchase has been made).
4. Order Pick-Up
After your pick-up order has been accepted, your order will be ready for pick-up approximately 15 minutes after checkout, unless you have ordered ahead and arranged for a separate pick-up time. Once your pick-up order has been accepted by the applicable Subway® restaurant, changes WILL NOT BE ACCEPTED, your order will be fulfilled as originally submitted, and YOU WILL BE RESPONSIBLE FOR PAYMENT OF THE TOTAL AMOUNT OF YOUR ORDER to the applicable Subway® restaurant. This section does not apply to catering orders. See below for more information on catering orders.
5. Disputes and Refunds
If a billing error entitles you to a refund, you agree to accept the refund in the form of a credit on the method of payment used to place your order. Except if and as may be required by law, cash refunds will not be provided. If you are dissatisfied with the products or services received from a Subway® restaurant, please contact that Subway® restaurant directly.
6. Subway® Account Records
If you place an order on the Sites while logged into or otherwise using your Subway® account, we will update your Subway® account activity to reflect that order and the Site will provide you with a transaction confirmation. That confirmation will serve as your receipt. Except if and as may be required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Subway® account and your use of the Sites, and (b) reconciling all transactional information that is associated with your Subway® account. If you believe there is an error with your Subway® account, you agree to contact Guest Care immediately. If you believe there is unauthorized transaction activity associated with your Subway® account, please contact the applicable financial institution.
7. Guest Care
For questions or problems relating to placing an order, contact Guest Care Note that we are only responsible for customer service issues relating to your Subway® account. Problems with any order you place with a Subway® restaurant are the responsibility of that restaurant. Our Guest Care team may provide you with the necessary information to contact the applicable Subway® restaurant, but we disclaim any and all liability in connection with all orders.
8. General
These Terms, including the Site Terms, constitute the entire understanding between you and us with respect to the subject matter of these Terms.
These Terms, the placement of orders using the Sites, and any claims, controversies, or disputes related to or arising therefrom are governed by the body of law specified in and will be resolved in accordance with the dispute resolution provisions of the Site Terms specified below.
We will not (nor will any third parties we engage to fulfill orders) be liable to you or to any third party for any delay or other failure to perform under these Terms that is due to causes beyond our control or the control of third-party fulfillment providers, including without limitation acts of God, terrorism, civil disorders, labor disputes, shortages, riot, war, strikes, acts of a public enemy, acts of any government, country, territory, political division thereof, or government agency, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, epidemics, pandemics, acts or omissions of third parties, telecommunications failures, Internet failures, and similar causes and events.
Finland
If a dispute concerning these Terms, the placement of orders using the Sites, and any claims, controversies, or disputes related to or arising therefrom cannot be resolved through negotiation between the parties, you can also submit the matter to the Consumer Disputes Board (www.kuluttajariita.fi) for resolution.
Before taking the matter to the Consumer Disputes Board, you should contact the Consumer Advisory Service (www.kuluttajaneuvonta.fi).
These Terms, the placement of orders using the Sites, and any claims, controversies, or disputes related to or arising therefrom are governed by the body of law specified in and will be resolved in accordance with the dispute resolution provisions of the Site Terms specified below.
We will not (nor will any third parties we engage to fulfill orders) be liable to you or to any third party for any delay or other failure to perform under these Terms that is due to causes beyond our control or the control of third-party fulfillment providers, including without limitation acts of God, terrorism, civil disorders, labor disputes, shortages, riot, war, strikes, acts of a public enemy, acts of any government, country, territory, political division thereof, or government agency, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, epidemics, pandemics, acts or omissions of third parties, telecommunications failures, Internet failures, and similar causes and events.
Finland
If a dispute concerning these Terms, the placement of orders using the Sites, and any claims, controversies, or disputes related to or arising therefrom cannot be resolved through negotiation between the parties, you can also submit the matter to the Consumer Disputes Board (www.kuluttajariita.fi) for resolution.
Before taking the matter to the Consumer Disputes Board, you should contact the Consumer Advisory Service (www.kuluttajaneuvonta.fi).
9. NO WARRANTIES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) AND WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS OF WARRANTIES OR CONDITIONS IN THE SITE TERMS, THE SITES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE.
10. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) AND WITHOUT LIMITING THE GENERALITY OF THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THE SITE TERMS, IN NO EVENT WILL THE SUBWAY® GROUP HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO OR BE INCURRED BY YOU OR A THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH YOUR PLACEMENT OF ORDERS (OR ANY INABILITY TO PLACE ORDERS) USING THE SITES.
11. Indemnification
You agree to indemnify, defend and hold harmless the Subway® Group from and against any and all claims (including but not limited to third-party claims), demands, complaints, actions, damages, losses, judgments, settlements, fines, costs, expenses, and liabilities (including reasonable legal fees) arising out of or in connection with your placement of orders through the Sites. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
12. Privacy
Your personal information will be treated in accordance with our Privacy Statement.
Order how you want, when you want
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