Terms of Use
Website Terms of Use
Last Revised: October 27, 2023
These Website Terms of Use (“Terms”) govern your access to and use of this website or mobile application, as applicable (including all of its content, the “Site”), which is made available by and operated on behalf of Franchise World Headquarters, LLC (together with its affiliates, the “Subway® Group,” “we,” “us,” or “our”) and any promotions offered by the Subway® Group. "Affiliate" means, with respect to a specified entity, an entity that, directly or indirectly (through one or more intermediaries), controls, or is controlled by, or is under common control with the specified entity (including, for example, subsidiaries and parent companies). Please review these Terms carefully, as they form a binding contract between you and the Subway® Group.
By accessing, browsing, or otherwise using the Site (including, where the applicable Site is a mobile app, by downloading), or by signing up for or using any Subway® Group promotions, 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 use the Site.
While we operate the Site, we are not 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 its legal and regulatory compliance, for any issues relating to the sale of products to you, and for any employment related matters pertaining to the restaurant.
Except where prohibited by applicable law, we reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be prominently posted on the Site.
These Website Terms of Use (“Terms”) govern your access to and use of this website or mobile application, as applicable (including all of its content, the “Site”), which is made available by and operated on behalf of Franchise World Headquarters, LLC (together with its affiliates, the “Subway® Group,” “we,” “us,” or “our”) and any promotions offered by the Subway® Group. "Affiliate" means, with respect to a specified entity, an entity that, directly or indirectly (through one or more intermediaries), controls, or is controlled by, or is under common control with the specified entity (including, for example, subsidiaries and parent companies). Please review these Terms carefully, as they form a binding contract between you and the Subway® Group.
By accessing, browsing, or otherwise using the Site (including, where the applicable Site is a mobile app, by downloading), or by signing up for or using any Subway® Group promotions, 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 use the Site.
While we operate the Site, we are not 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 its legal and regulatory compliance, for any issues relating to the sale of products to you, and for any employment related matters pertaining to the restaurant.
Except where prohibited by applicable law, we reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be prominently posted on the Site.
Table of Contents
- Collection of Information
- Ownership
- Permitted Use of the Site; Use Restrictions
- Accounts and Payment
- Product Information
- Career Opportunities
- Franchisees
- Content You Provide
- Copyright Policy
- Site Changes and Availability
- DISCLAIMER OF WARRANTIES
- LIMIT ON LIABILITY
- Indemnification
- Third-Party Websites
- Linking to the Site
- Supplemental Terms for Mobile Apps
- Governing Law / Forum
- Entire Agreement; Interpretation
- Contact Us
- English Language
1. Collection of Information
Your privacy is important to us. We provide a privacy statement that explains our information practices and how we may collect, use and share your personal information, as well as other types of collected information. Click here to view our Privacy Statement (“Privacy Statement”), which is incorporated into and made a part of these Terms. Except where additional notice or consent is required by applicable law, by accessing, browsing, downloading, or otherwise using the Sites, you agree to our Privacy Statement and to the collection, use, and disclosure of information in accordance with our Privacy Statement. For information on the types of information we collect, how that information is used and shared, and your rights and choices regarding collected information, please see our Privacy Statement.
2. Ownership
The Site (including without limitation all of its text, audio, video, graphics, charts, photographs, icons, software, computer code, data, trademarks, service marks, logos, slogans, names of products, documentation, other materials and content, and the design, selection, and arrangement of content) is exclusively the property of the Subway® Group or, as applicable, its licensors, and is protected by copyright, trademark, and other intellectual property rights.
Subway® and the Subway® logo are registered trademarks and service marks owned and registered by Subway® IP LLC, a member of the Subway® Group. The display of these and other marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of the trademarks and service marks owned by the Subway Group (or to which it or its licensees have rights). The Site may also contain or refer to various third-party names, trademarks, and service marks, as well as third-party copyrighted materials, which are the property of their respective owners.
Any unauthorized use of any trademarks, design and look and feel of the website, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of the Subway® Group or any third party is prohibited and may be prosecuted to the fullest extent of applicable law. No licenses, express or implied, are granted by the Subway® Group to you under any patent, copyright, trademark, trade secret, or other intellectual property right of the Subway® Group and all such rights are reserved and retained by the Subway® Group. Without limiting the foregoing, these Terms do not grant you any licenses or other rights in or to the trademarks or service marks of the Subway® Group or any third party.
Copyright © 2023 Subway® IP LLC. All rights reserved.
Subway® and the Subway® logo are registered trademarks and service marks owned and registered by Subway® IP LLC, a member of the Subway® Group. The display of these and other marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of the trademarks and service marks owned by the Subway Group (or to which it or its licensees have rights). The Site may also contain or refer to various third-party names, trademarks, and service marks, as well as third-party copyrighted materials, which are the property of their respective owners.
Any unauthorized use of any trademarks, design and look and feel of the website, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of the Subway® Group or any third party is prohibited and may be prosecuted to the fullest extent of applicable law. No licenses, express or implied, are granted by the Subway® Group to you under any patent, copyright, trademark, trade secret, or other intellectual property right of the Subway® Group and all such rights are reserved and retained by the Subway® Group. Without limiting the foregoing, these Terms do not grant you any licenses or other rights in or to the trademarks or service marks of the Subway® Group or any third party.
Copyright © 2023 Subway® IP LLC. All rights reserved.
3. Permitted Use of the Site; Use Restrictions
You may access and use the Site (including, where the applicable Site is a mobile app, download) solely for your own personal purposes and solely in accordance with any related restrictions posted on the Site or otherwise provided by the Subway® Group.
The Site’s content is prohibited from being copied, reproduced, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, posted or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Site in any way.
You represent and warrant that: you will perform under these Terms in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief.
You will NOT, and you will NOT allow any third party to:
The Subway® Group may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Site, and may terminate these Terms, including, without limitation, if you breach these Terms or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.
The Site’s content is prohibited from being copied, reproduced, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, posted or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Site in any way.
You represent and warrant that: you will perform under these Terms in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief.
You will NOT, and you will NOT allow any third party to:
- Use the Site in a manner other than as expressly permitted by these Terms;
- Use the Site for any purpose or in any manner that is unlawful or prohibited by these Terms, including for any commercial purpose;
- Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Site;
- Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Site, or combine the Site or any part thereof with any other computer code, programs, materials, or services;
- Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, or distribute the Site or any part thereof;
- Use the Site, including, without limitation, any Site content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and portrait or image rights;
- Commit fraud or falsify information in connection with your use of the Site;
- Work around any of the technical limitations of the Site or use any tool to enable features or functionalities that are otherwise disabled in the Site;
- Perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
- Engage in activities that aim to render the Site or associated services inoperable or make their use more difficult;
- Attempt to disable, damage, overburden, impair or gain unauthorized access to the Site or our servers;
- Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site (including, without limitation, using spiders, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
- Harvest or otherwise collect or store personal information about other users of the Site, including, for example, email addresses, without the express consent of such users;
- Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
- Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor
- Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site, or attempt to collect personal information about third parties without their knowledge or consent.
The Subway® Group may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Site, and may terminate these Terms, including, without limitation, if you breach these Terms or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.
4. Accounts and Payment
You may be required to create an online account with us in order to use certain features of the Site. If you choose to create an online account, you may be required to submit certain information in order to create that account. You are responsible for maintaining the confidentiality of any information you use in connection with your account, including your password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately by contacting us using the contact information below.
All orders and purchases made through the Site, where available, are subject to the Order Terms. Information about our collection and use of payment-related information is described in our Privacy Statement.
All orders and purchases made through the Site, where available, are subject to the Order Terms. Information about our collection and use of payment-related information is described in our Privacy Statement.
5. Product Information
Menu or nutritional information provided on the Site is for informational purposes only and assumes that the individual restaurants have complied with ingredient requirements and our standardized recipes. Nutrition information is compiled by a Registered Nutritionist using nutrition analysis from approved food manufacturers, independent laboratories, and as applicable, information or published resources provided by our suppliers. The nutrition information listed is based on standard recipes and product formulations, product assembly, and serving size, however variations may occur due to season of the year, use of an alternate supplier, geographical region and/or small differences in product assembly. In addition, product formulations may change periodically. Certain products or ingredients nutritional information may not apply to all restaurants. You should expect some variation in the nutrient content of the products purchased at the restaurants. If you have questions about the products, procedures, or ingredients at a particular restaurant, please contact that restaurant.
6. Career Opportunities
The Site may provide links to job opportunities posted by the Subway® Group’s corporate offices or by Subway® restaurants or franchisees and may include instructions on how to apply for those opportunities. With respect to job opportunities posted for the Subway® Group’s corporate offices, do not send us a resume or any other application materials for any person other than yourself. Your submission of a resume or other application materials does not in any way require us to review those materials or consider you for a position.
Opportunities posted with respect to a Subway® restaurant are for job opportunities with that restaurant directly and are not with the Subway® Group or any corporate offices. The restaurant that posted the opportunity is solely responsible for setting the job requirements, all hiring decisions, and all other employment-related matters in its business. We do not receive a copy of any application you submit to a restaurant. Subway® restaurants are independently owned and operated. Subway® restaurant franchise owners are the exclusive employer of their team members and, as such, are solely responsible for all employment matters in their restaurants. We do not control whether you receive an interview or are hired. We do not control any franchisees’ employment policies and practices. We do not employ, and are not the employer of, any franchisee. If you are hired by a Subway® restaurant, only the franchisee operating that restaurant, and not us, will be your employer.
Opportunities posted with respect to a Subway® restaurant are for job opportunities with that restaurant directly and are not with the Subway® Group or any corporate offices. The restaurant that posted the opportunity is solely responsible for setting the job requirements, all hiring decisions, and all other employment-related matters in its business. We do not receive a copy of any application you submit to a restaurant. Subway® restaurants are independently owned and operated. Subway® restaurant franchise owners are the exclusive employer of their team members and, as such, are solely responsible for all employment matters in their restaurants. We do not control whether you receive an interview or are hired. We do not control any franchisees’ employment policies and practices. We do not employ, and are not the employer of, any franchisee. If you are hired by a Subway® restaurant, only the franchisee operating that restaurant, and not us, will be your employer.
7. Franchisees
Any information available on the Site is not intended as an offer to sell, or a solicitation of an offer to buy, a franchise. Site content is for informational purposes only. In the event of any conflict or difference in interpretation between the Site’s content and the language in the Subway® Franchise Disclosure Document (“FDD”), the FDD will prevail. Neither the Site content nor any provision of these Terms are directed to residents of any specific country or other jurisdiction. Neither the Subway® Group, nor anyone on behalf of the Subway® Group, will extend a franchise offer unless the applicable member(s) of the Subway® Group are in full compliance with any and all applicable laws of the relevant jurisdiction(s).
8. Content You Provide
The Site may allow you to post, send us, submit, upload, transmit, make, or otherwise provide comments, questions, compliments, complaints, information, images, documents, and other content (“User-Generated Content”). Any User-Generated Content you provide is voluntary, non-confidential, and gratuitous.
You agree you alone are, and will remain, responsible for any and all User-Generated Content you provide and for the legality, originality, and appropriateness thereof. User-Generated Content is not generated by the Subway® Group. By providing User-Generated Content you represent and warrant that you are the creator and owner of that User-Generated Content or that you otherwise have the full ability and all legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms.
Concerning any User-Generated Content that you provide, and in addition to the use restrictions above in these Terms, you will NOT: transmit or provide any information or written, graphic, photographic, or other material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, indecent, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful, or racially, ethnically or otherwise objectionable; harm, or threaten to harm, minors in any way; nor stalk or harass, threaten, or violate the rights of others.
If you provide User-Generated Content, you agree to grant and you hereby grant the Subway® Group a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide right and license to copy, modify, adapt, adopt, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit, and otherwise use and distribute, in whole or in part, in all media and distribution methods now known or later developed, that User-Generated Content for purposes of making it available to other Site users and the public and for the Subway® Group’s own business purposes (including without limitation aggregation and analytics and the marketing and development of products and services) without any compensation or notice to you. Notwithstanding the foregoing, we will use and disclose information that reasonably identifies a natural person only to the extent permitted by applicable law.
Except where prohibited by applicable law, we reserve the right but we are not obligated to do any or all of the following, at any time and for any reason: investigate an allegation that any User-Generated Content does not conform to these Terms and determine in our sole discretion to remove or request the removal of any User-Generated Content; edit, remove, or delete any User-Generated Content; terminate a user's access to the Site or ability to provide User-Generated Content; and monitor, review, prescreen, edit, redact, modify, reorganize, recategorize, or disclose any User-Generated Content.
By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us, any Site user, or any third party infringes or violates your or any person’s intellectual property rights (including, without limitation, copyright), rights of privacy, portrait or image rights, or other rights, and you waive any and all moral rights in or to the User-Generated Content.
User-Generated Content may be subject to additional terms as posted on the Site from time to time, such as those applicable to a particular contest or promotion. To the extent any provision of this section conflicts with any provision of those additional terms with respect to User-Generated Content, the applicable additional terms will control.
It is the Subway® Group’s policy not to consider unsolicited ideas. While we appreciate you taking the time to consider us, we are unable to review any ideas you may submit. Your submission of any such materials does not in any way require us to review or consider those materials. You further agree that the Subway® Group and its designees may create or develop ideas, products, designs, concepts or other materials or include, incorporate, or rely on ideas that may be or appear similar or identical to an idea that you may have considered or submitted. You hereby waive any and all past, present, and future claims that any ideas, products, designs, concepts or other materials used by the Subway® Group or its designees infringes or otherwise violates your intellectual property rights.
You agree you alone are, and will remain, responsible for any and all User-Generated Content you provide and for the legality, originality, and appropriateness thereof. User-Generated Content is not generated by the Subway® Group. By providing User-Generated Content you represent and warrant that you are the creator and owner of that User-Generated Content or that you otherwise have the full ability and all legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms.
Concerning any User-Generated Content that you provide, and in addition to the use restrictions above in these Terms, you will NOT: transmit or provide any information or written, graphic, photographic, or other material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, indecent, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful, or racially, ethnically or otherwise objectionable; harm, or threaten to harm, minors in any way; nor stalk or harass, threaten, or violate the rights of others.
If you provide User-Generated Content, you agree to grant and you hereby grant the Subway® Group a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide right and license to copy, modify, adapt, adopt, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit, and otherwise use and distribute, in whole or in part, in all media and distribution methods now known or later developed, that User-Generated Content for purposes of making it available to other Site users and the public and for the Subway® Group’s own business purposes (including without limitation aggregation and analytics and the marketing and development of products and services) without any compensation or notice to you. Notwithstanding the foregoing, we will use and disclose information that reasonably identifies a natural person only to the extent permitted by applicable law.
Except where prohibited by applicable law, we reserve the right but we are not obligated to do any or all of the following, at any time and for any reason: investigate an allegation that any User-Generated Content does not conform to these Terms and determine in our sole discretion to remove or request the removal of any User-Generated Content; edit, remove, or delete any User-Generated Content; terminate a user's access to the Site or ability to provide User-Generated Content; and monitor, review, prescreen, edit, redact, modify, reorganize, recategorize, or disclose any User-Generated Content.
By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us, any Site user, or any third party infringes or violates your or any person’s intellectual property rights (including, without limitation, copyright), rights of privacy, portrait or image rights, or other rights, and you waive any and all moral rights in or to the User-Generated Content.
User-Generated Content may be subject to additional terms as posted on the Site from time to time, such as those applicable to a particular contest or promotion. To the extent any provision of this section conflicts with any provision of those additional terms with respect to User-Generated Content, the applicable additional terms will control.
It is the Subway® Group’s policy not to consider unsolicited ideas. While we appreciate you taking the time to consider us, we are unable to review any ideas you may submit. Your submission of any such materials does not in any way require us to review or consider those materials. You further agree that the Subway® Group and its designees may create or develop ideas, products, designs, concepts or other materials or include, incorporate, or rely on ideas that may be or appear similar or identical to an idea that you may have considered or submitted. You hereby waive any and all past, present, and future claims that any ideas, products, designs, concepts or other materials used by the Subway® Group or its designees infringes or otherwise violates your intellectual property rights.
9. Copyright Policy
We respect the intellectual property rights of others and we ask that visitors to the Site do the same. In accordance with the applicable EU legislation, and other national applicable laws (to the extent such laws apply), we strive to remove any infringing material from the Site if we become aware of the same.
If you think any copyrights you own or control are being infringed by anything on the Site, please submit a written notice to our designated agent that contains the information listed below. Your notice must meet the then-current requirements implemented by relevant EU laws:
Contact information for our designated agent for notice of claims of copyright infringement is:
Franchise World Headquarters, LLC
1 Corporate Drive, Suite 1000, Shelton, CT 06484
Email: DMCA@subway.com
Your notice must contain:
Your notice must meet the then-current requirements implemented by relevant EU laws (or other applicable law). Contact information for our designated agent for notice of claims of copyright infringement is:
Franchise World Headquarters, LLC
1 Corporate Drive, Suite 1000, Shelton, CT 06484
Phone: (800) 888-4848
Email: DMCA@subway.com
If you think any copyrights you own or control are being infringed by anything on the Site, please submit a written notice to our designated agent that contains the information listed below. Your notice must meet the then-current requirements implemented by relevant EU laws:
Contact information for our designated agent for notice of claims of copyright infringement is:
Franchise World Headquarters, LLC
1 Corporate Drive, Suite 1000, Shelton, CT 06484
Email: DMCA@subway.com
Your notice must contain:
- A description of the copyrighted work(s) that you claim have been infringed;
- A description of the allegedly infringing material, including its location on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your email address, telephone number, and mailing address;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Your notice must meet the then-current requirements implemented by relevant EU laws (or other applicable law). Contact information for our designated agent for notice of claims of copyright infringement is:
Franchise World Headquarters, LLC
1 Corporate Drive, Suite 1000, Shelton, CT 06484
Phone: (800) 888-4848
Email: DMCA@subway.com
10. Site Changes and Availability
Any features, materials, products, or services made available through the Site or otherwise by the Subway® Group are subject to availability. The Subway® Group may change the Site, including the features, materials, products, and services made available through the Site, at any time without notice or liability.
11. DISCLAIMER OF WARRANTIES
SOME JURISDICTIONS (WHICH, FOR CONSUMERS, MAY INCLUDE THE PROVINCE OF QUEBEC) DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, SO SOME OF THE BELOW DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, INFORMATION AND SERVICES ON THE SITE) IS 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, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, AND ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.
WE DO NOT WARRANT OR GUARANTEE THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED (EVEN IF WE ARE AWARE OF THEM).
WHILE WE MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT THE SUBWAY® BRAND AND OUR PRODUCTS ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS CURRENT OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. THE SUBWAY® GROUP DOES NOT REPRESENT OR WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE. THE SUBWAY® GROUP DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, NOR DOES THE SUBWAY® GROUP WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SITE IS ACCURATE OR RELIABLE. THE SUBWAY® GROUP IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE SITE. YOU ASSUME ALL RISK AND LIABILITY WHATSOEVER IN CONNECTION WITH PRODUCTS PURCHASED FROM THE SUBWAY® GROUP.
WE DO NOT WARRANT OR ENDORSE, NOR ARE WE RESPONSIBLE OR LIABLE FOR ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.
EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, INFORMATION AND SERVICES ON THE SITE) IS 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, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, AND ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.
WE DO NOT WARRANT OR GUARANTEE THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED (EVEN IF WE ARE AWARE OF THEM).
WHILE WE MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT THE SUBWAY® BRAND AND OUR PRODUCTS ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS CURRENT OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. THE SUBWAY® GROUP DOES NOT REPRESENT OR WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE. THE SUBWAY® GROUP DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, NOR DOES THE SUBWAY® GROUP WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SITE IS ACCURATE OR RELIABLE. THE SUBWAY® GROUP IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE SITE. YOU ASSUME ALL RISK AND LIABILITY WHATSOEVER IN CONNECTION WITH PRODUCTS PURCHASED FROM THE SUBWAY® GROUP.
WE DO NOT WARRANT OR ENDORSE, NOR ARE WE RESPONSIBLE OR LIABLE FOR ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.
12. LIMIT ON LIABILITY
IN NO EVENT WILL THE SUBWAY® GROUP, ITS MEMBERS, OR THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS (TOGETHER, THE “SUBWAY® GROUP PARTIES”) 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 (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, OR USE OF MONEY, OR ANY LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION), WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SITE IN ANY WAY, YOUR USE OR INABILITY TO ACCESS OR USE THE SITE, THE INPUT AND COLLECTION OF PERSONAL AND OTHER INFORMATION THROUGH THE SITE, OR THE RESULTS OF USE OF THE SITE (INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON SITE CONTENT, ANY WEBSITES OR APPLICATIONS LINKED TO BY THE SITE, ANY MATERIAL ON SUCH WEBSITES OR APPLICATIONS, ANY USE OF ANY IDEA, OR ANY 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, YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITE, OR APPLICATIONS LINKED TO THE SITE); UNLESS SUCH LIABILITY IS CAUSED BY INTENT OR WILLFUL RECKLESSNESS OF THE SUBWAY® GROUP PARTIES; UNLESS SUCH LIABILITY IS FOR DAMAGES ENSUING FROM PERSONAL INJURY.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE SUBWAY® GROUP PARTIES’ LIABILITY TO YOU EXCEED EUR 10, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE; UNLESS THE DAMAGES ARE CAUSED BY INTENT OR WILLFUL RECKLESSNESS OF THE SUBWAY® GROUP PARTIES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE SUBWAY® GROUP PARTIES’ LIABILITY TO YOU EXCEED EUR 10, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE; UNLESS THE DAMAGES ARE CAUSED BY INTENT OR WILLFUL RECKLESSNESS OF THE SUBWAY® GROUP PARTIES.
13. Indemnification
You agree to indemnify, defend and hold harmless the Subway® Group Parties 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 violation of these Terms; your access to or use of the Site, including, without limitation, any claims arising from any unauthorized use you may make of the Site, our information, or any content accessed from the Site; your submission of information or other content (including personal information and User-Generated Content) through or using the Site; your order of any products or services through the Site; your violation of or noncompliance with any law or regulation; or your negligence, intent or willful misconduct and recklessness.
14. Third-Party Websites and Applications
The Sites may contain links to or be linked to third-party websites or applications. All such links are solely for your convenience and information. We do not control any third-party websites or applications, nor their privacy practices, which may differ from ours. Our Privacy Statement does not apply to third-party websites or applications. We do not endorse or make any representations or warranties about any third-party websites or applications, nor any products or services made available through third-party websites or applications. If you choose to provide personal or other information to or through a third-party website or application, that third party’s use and disclosure of that information is not covered by our Privacy Statement, even if that third party ultimately shares information that it collects with us. We encourage you to review the privacy policies and terms of use of any website or application through which you provide information. Some third parties may collect and share personal information with us, in which situation the sharing of that personal information is governed by the third party’s privacy practices and not our Privacy Statement.
15. Linking to the Site
If you operate a website and wish to include a link to the Site: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with the Subway® Group’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by the Subway® Group. We reserve the right to revoke consent to link to the Site at any time in our sole discretion, whether by amending these Terms or through other notice.
16. Supplemental Terms for Mobile Apps
This section applies where the Site you are using is a mobile app.
You are responsible for any telecommunications and data charges and rates incurred as a result of using the Site.
From time to time, the Site may send you messages via push notifications, including transactional or promotional communications and system messages. You may opt out of push notifications if and to the extent permitted by the Site settings or your device settings.
You will promptly download and install, or cause your device to automatically download and install, any and all available Site updates issued by us. You consent to receive updates or upgrades to the mobile app automatically without providing further consent each time. The mobile app (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the mobile app description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Statement. We are not responsible if an update or upgrade affects how the mobile app works if this is caused by your own device not supporting the update or upgrade. You can withdraw consent at any time by uninstalling the mobile app or by contacting Guest Care. Any failure to use the latest version of the Site may result in the Site not operating properly.
These Terms do not modify any agreement between you and the applicable mobile application marketplace, for example, Google Play and Apple’s App Store (each, an “App Marketplace”). You understand that these Terms are entered into between you and the Subway® Group and not between you and any App Marketplace. You further understand that solely the Subway® Group, and not any App Marketplace, is responsible for the Site, including its content, and for addressing any claims (yours or a third party’s) relating to the Site or your use of the Site. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Site.
The applicable App Marketplace(s) and their respective affiliates are third-party beneficiaries of these Terms. Accordingly, the applicable App Marketplace has the right to enforce these Terms against you.
You are responsible for any telecommunications and data charges and rates incurred as a result of using the Site.
From time to time, the Site may send you messages via push notifications, including transactional or promotional communications and system messages. You may opt out of push notifications if and to the extent permitted by the Site settings or your device settings.
You will promptly download and install, or cause your device to automatically download and install, any and all available Site updates issued by us. You consent to receive updates or upgrades to the mobile app automatically without providing further consent each time. The mobile app (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the mobile app description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Statement. We are not responsible if an update or upgrade affects how the mobile app works if this is caused by your own device not supporting the update or upgrade. You can withdraw consent at any time by uninstalling the mobile app or by contacting Guest Care. Any failure to use the latest version of the Site may result in the Site not operating properly.
These Terms do not modify any agreement between you and the applicable mobile application marketplace, for example, Google Play and Apple’s App Store (each, an “App Marketplace”). You understand that these Terms are entered into between you and the Subway® Group and not between you and any App Marketplace. You further understand that solely the Subway® Group, and not any App Marketplace, is responsible for the Site, including its content, and for addressing any claims (yours or a third party’s) relating to the Site or your use of the Site. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Site.
The applicable App Marketplace(s) and their respective affiliates are third-party beneficiaries of these Terms. Accordingly, the applicable App Marketplace has the right to enforce these Terms against you.
17. Governing Law
These Terms are governed by and construed in accordance with the laws of the Netherlands. If you are a consumer and have your habitual residence in the European Union (EU), United Kingdom (UK), or European Economic Area (EEA), you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.
We and you both agree to submit to the non-exclusive jurisdiction of the court in Amsterdam, the Netherlands. You may bring a claim to enforce your consumer protection rights in connection with these Terms in Amsterdam, the Netherlands, or in the EU, UK, or EEA country in which you live.
We and you both agree to submit to the non-exclusive jurisdiction of the court in Amsterdam, the Netherlands. You may bring a claim to enforce your consumer protection rights in connection with these Terms in Amsterdam, the Netherlands, or in the EU, UK, or EEA country in which you live.
18. Entire Agreement; Interpretation
These Terms, including our Privacy Statement and any other terms or policies incorporated herein by reference, constitute the entire understanding between you and us with respect to your access to and use of the Site. Our failure to insist upon or enforce strict compliance with any provision of these Terms will not be construed as a waiver of any provision or right. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Subway® Group.
Your access to or use of certain features or functionality of the Site (including, for example, online ordering, rewards programs, promotions, and gift cards) may be subject to additional terms, conditions, rules, or policies..
You will not transfer or assign in any way these Terms or any of your rights or obligations under these Terms. Any such transfer or assignment will be null and void. We may transfer or assign our rights or obligations, or duties under these Terms at any time to any party without notice to you.
The Subway® Group is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between you and the Subway® Group. These Terms do not confer any rights, remedies, or benefits upon any person other than you and the Subway® Group, except that our affiliates are third-party beneficiaries of these Terms.
These Terms and any other documentation, agreements, notices, or communications between you and the Subway® Group may be provided to you electronically (including, without limitation, by posting them on the Site or via email) to the extent permissible by applicable law. These Terms and any such other documentation, agreements, notices, or communications will have the same meaning and effect as if we had provided you with a paper copy. Please print or otherwise save a copy of these Terms and all documentation, agreements, notices, and communications for your reference.
If any provision of these Terms 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 the application of such provisions will not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable, Subway® Group and you will 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.
Any provisions of these Terms that are intended to survive termination (including, for example, any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.
Your access to or use of certain features or functionality of the Site (including, for example, online ordering, rewards programs, promotions, and gift cards) may be subject to additional terms, conditions, rules, or policies..
You will not transfer or assign in any way these Terms or any of your rights or obligations under these Terms. Any such transfer or assignment will be null and void. We may transfer or assign our rights or obligations, or duties under these Terms at any time to any party without notice to you.
The Subway® Group is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between you and the Subway® Group. These Terms do not confer any rights, remedies, or benefits upon any person other than you and the Subway® Group, except that our affiliates are third-party beneficiaries of these Terms.
These Terms and any other documentation, agreements, notices, or communications between you and the Subway® Group may be provided to you electronically (including, without limitation, by posting them on the Site or via email) to the extent permissible by applicable law. These Terms and any such other documentation, agreements, notices, or communications will have the same meaning and effect as if we had provided you with a paper copy. Please print or otherwise save a copy of these Terms and all documentation, agreements, notices, and communications for your reference.
If any provision of these Terms 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 the application of such provisions will not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable, Subway® Group and you will 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.
Any provisions of these Terms that are intended to survive termination (including, for example, any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.
19. Contact Us
If you have any questions and concerns regarding these Terms or the Site, please contact us Guest Care.
20. English Language
It is the express wish of the parties that these Terms and all related documents be drawn up in English.
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