Terms of Use
Subway® Card Terms and Conditions
Last Updated: September 9, 2023
The Subway® Card is issued by Subway Payment Services, LLC in the U.S. and by Subway Payment Services Canada, ULC in Canada (together, “SPS” and collectively with their respective affiliates, the “Subway® Group”). These Subway® Card Terms and Conditions, together with the terms governing your access to and use of our websites and mobile apps, as applicable (collectively, the “Site(s)), apply to the purchase, registration, and use of Subway® Cards and are agreement between you and SPS (these “Terms” or this “Agreement”). These Terms include and are subject to the terms governing your access to and use of the applicable Site(s) (the “Site Terms”) which can be found at our Terms of Use.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision set forth below in Section 4. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), these Terms require you to arbitrate disputes with us rather than resolve disputes through a jury trial or class action. By purchasing, using or registering a Subway® Card you hereby waive, any rights to participate in a class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms or the Site except where otherwise limited or prohibited by applicable law.
Registration or use of a Subway® Card constitutes acceptance of these Terms. If you do not agree to these Terms, do not register or use the Subway® Card. The Subway® Card can also be used in conjunction with the Subway® Rewards Program, which is administered separately subject to additional terms and conditions which can be found Subway MVP Rewards.
For clarity, SPS is only involved in the issuance of Subway® Cards and the administration of the Subway® Card program, and members of the Subway® Group operate the Sites. Neither SPS nor any other member of the Subway® Group owns or operates any Subway® restaurants. Instead, each Subway® restaurant is owned by an independent franchisee and operated as an independent business. Each restaurant is solely and independently responsible for any issues relating to the sale of products to you.
The Subway® Card currently comes in two forms: (i) a physical Subway® Card; and (ii) an electronically-transmitted Subway® eGift Card. In these Terms, the term “Subway® Card” refers to both the physical version of the Subway® Card and the Subway® eGift Card, except where indicated otherwise. The Subway® Card may only be used to purchase goods or services at participating Subway® restaurants in the U.S. and Canada, and online at www.subway.com or through the Subway® App, as set forth below.
The Subway® Card is issued by Subway Payment Services, LLC in the U.S. and by Subway Payment Services Canada, ULC in Canada (together, “SPS” and collectively with their respective affiliates, the “Subway® Group”). These Subway® Card Terms and Conditions, together with the terms governing your access to and use of our websites and mobile apps, as applicable (collectively, the “Site(s)), apply to the purchase, registration, and use of Subway® Cards and are agreement between you and SPS (these “Terms” or this “Agreement”). These Terms include and are subject to the terms governing your access to and use of the applicable Site(s) (the “Site Terms”) which can be found at our Terms of Use.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision set forth below in Section 4. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), these Terms require you to arbitrate disputes with us rather than resolve disputes through a jury trial or class action. By purchasing, using or registering a Subway® Card you hereby waive, any rights to participate in a class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms or the Site except where otherwise limited or prohibited by applicable law.
Registration or use of a Subway® Card constitutes acceptance of these Terms. If you do not agree to these Terms, do not register or use the Subway® Card. The Subway® Card can also be used in conjunction with the Subway® Rewards Program, which is administered separately subject to additional terms and conditions which can be found Subway MVP Rewards.
For clarity, SPS is only involved in the issuance of Subway® Cards and the administration of the Subway® Card program, and members of the Subway® Group operate the Sites. Neither SPS nor any other member of the Subway® Group owns or operates any Subway® restaurants. Instead, each Subway® restaurant is owned by an independent franchisee and operated as an independent business. Each restaurant is solely and independently responsible for any issues relating to the sale of products to you.
The Subway® Card currently comes in two forms: (i) a physical Subway® Card; and (ii) an electronically-transmitted Subway® eGift Card. In these Terms, the term “Subway® Card” refers to both the physical version of the Subway® Card and the Subway® eGift Card, except where indicated otherwise. The Subway® Card may only be used to purchase goods or services at participating Subway® restaurants in the U.S. and Canada, and online at www.subway.com or through the Subway® App, as set forth below.
1. 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.comand at other authorized retailers. The Subway® eGift Card may be purchased online at subway.cashstar.com and at other authorized retailer websites. Subway® Cards purchased through authorized retailers may be subject to additional terms and conditions as set forth by such third parties.
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, and online at www.subway.com or through the Subway® App. Physical Subway® Cards may also be used in connection with the Subway® Rewards Program, as set forth below. Subway® eGift Cards may not currently be used in connection with the Subway® Rewards Program; however, the balance on a registered Subway® eGift Card may be transferred to a physical Subway® Card, and that Subway® Card may be used in connection with the Subway® Rewards Program, as set forth below.
The Subway® Card can be used when you place an online order through the Sites (“Online Ordering”); however, the Subway® Card cannot be used for Online Orders placed through third party online ordering services. Online Orders may be subject to additional Order Terms.
Participating Restaurants
To find out if a particular Subway® restaurant is a participating restaurant, ask the applicable Subway® restaurant or call ahead to confirm it is a participating restaurant prior to placing your order. SPS 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 Subway® Card may not be used to buy additional Subway® Cards and is not redeemable for cash except as required by law. The Subway® Card also may not be resold unless with give our prior consent. The Subway® Card is not a credit or debit card, and no credit card, overdraft protection, deposit account, or depository insurance is associated with it.
Currency
The Subway® Card currency is determined by the currency of the initial load. When a Subway® Card is loaded with USD and subsequently used to purchase goods or services at participating Subway® restaurants in Canada, the transaction amount will automatically be converted from CAD to USD and deducted from the remaining balance on the Subway® Card. Similarly, when a Subway® Card is loaded with CAD and subsequently used to purchase goods or services at participating Subway® restaurants in the U.S., the transaction amount will automatically be converted from USD to CAD and deducted from the remaining balance on the Subway® Card. In either case, the conversion will be performed using a currency conversion rate which is updated on daily basis. The Subway® Card Balance will always be maintained in the currency that was originally loaded to the Subway® Card.
Expiration / Fees
The Subway® Card prepaid dollar value balance never expires, nor does SPS charge any fees in connection with its use.
Registration
To create a Subway® account and register your Subway® Card, at Subway MVP Rewards or download the Subway® App. You must submit a valid email address.
Each customer is permitted to 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 Subway.com or the Subway® App.
By creating a Subway® account, you will automatically be enrolled in the Subway® MyWay Rewards Program, which is subject to additional terms and conditions. As a condition of membership in the Subway® MyWay Rewards Program, you will be asked to provide a valid email when you enroll, which the Subway® Group or its designees will use to contact you about your account and as otherwise permitted by applicable law. The Subway® Group may also send you such communications via the Subway® App (as applicable) if you choose to receive push notifications. You can opt-out of receiving any such push notifications by changing your device settings. You may also receive a notification or message during the check process in a Subway® restaurant.
You may also sign up to receive promotional messages and communications sent to you by email, SMS, or other computer electronic messaging such as Facebook Messenger on the Sites. You may unsubscribe from promotional commercial messages at any time by changing your preferences in your account or opting out via the unsubscribe link at the bottom of your email, or by following the opt-out instructions in the applicable SMS message or other computer electronic message as specified in the message. Even if you opt out of receiving promotional messages, you understand and agree that the Subway® Group may continue to send you messages concerning your account.
Balance
You can check the balance on a registered Subway® Card at participating Subway® restaurants, online by logging into your account Subway.com, or through the Subway® App. You can check the balance on an unregistered Subway® Card at participating Subway® restaurants.
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 Subway® Card. For Subway® eGift Cards, the PIN will be contained in the email in which the Subway® 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 Subway® Card
A Subway® Card that was initially loaded in one currency can be reloaded again in the that same currency. Additionally, a Subway® Card that 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 Subway® eGift Card may be transferred to a physical Subway® Card, and that Subway® Card may then be reloaded as described 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 Subway® Card on any calendar day, between beginning balance and reload activity, is $500.00. No single individual may purchase Subway® 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 Subway® Card.
If you have registered a Subway® Card and believe someone has obtained unauthorized access to your account information, you should change your password immediately. You should ensure that that your password is unique to your Subway® account and has not been used for any other purpose. You should also reach out to your financial institution and follow its dispute resolution policy if you believe that charges were made to any credit or debit card on file without your authorization.
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, complete the electronic Card Replacement Form and submit it along with proof of purchase of your Subway® Card. SPS will freeze the remaining unused balance on your Subway® Card as of the time the form is processed, and SPS will then issue a replacement Subway® eGift Card.
Subway® Cards that have been lost, stolen, damaged, or otherwise rendered non-functional will be replaced only if the Subway® Card was previously registered and proof of purchase is provided.
SPS is not responsible for any unauthorized use of your Subway® Card before your account balance is frozen. If you submit a proper request for replacement, a new Subway® eGift Card will be issued to you in the amount remaining at the time your balance was frozen.
Fraud
SPS reserves the right to refuse to accept or otherwise limit the use of any Subway® Card if SPS reasonably believes the use is unauthorized or unlawful.
The physical Subway® Card may be purchased at participating Subway® restaurants in the U.S. and Canada, online at subway.cashstar.comand at other authorized retailers. The Subway® eGift Card may be purchased online at subway.cashstar.com and at other authorized retailer websites. Subway® Cards purchased through authorized retailers may be subject to additional terms and conditions as set forth by such third parties.
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, and online at www.subway.com or through the Subway® App. Physical Subway® Cards may also be used in connection with the Subway® Rewards Program, as set forth below. Subway® eGift Cards may not currently be used in connection with the Subway® Rewards Program; however, the balance on a registered Subway® eGift Card may be transferred to a physical Subway® Card, and that Subway® Card may be used in connection with the Subway® Rewards Program, as set forth below.
The Subway® Card can be used when you place an online order through the Sites (“Online Ordering”); however, the Subway® Card cannot be used for Online Orders placed through third party online ordering services. Online Orders may be subject to additional Order Terms.
Participating Restaurants
To find out if a particular Subway® restaurant is a participating restaurant, ask the applicable Subway® restaurant or call ahead to confirm it is a participating restaurant prior to placing your order. SPS 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 Subway® Card may not be used to buy additional Subway® Cards and is not redeemable for cash except as required by law. The Subway® Card also may not be resold unless with give our prior consent. The Subway® Card is not a credit or debit card, and no credit card, overdraft protection, deposit account, or depository insurance is associated with it.
Currency
The Subway® Card currency is determined by the currency of the initial load. When a Subway® Card is loaded with USD and subsequently used to purchase goods or services at participating Subway® restaurants in Canada, the transaction amount will automatically be converted from CAD to USD and deducted from the remaining balance on the Subway® Card. Similarly, when a Subway® Card is loaded with CAD and subsequently used to purchase goods or services at participating Subway® restaurants in the U.S., the transaction amount will automatically be converted from USD to CAD and deducted from the remaining balance on the Subway® Card. In either case, the conversion will be performed using a currency conversion rate which is updated on daily basis. The Subway® Card Balance will always be maintained in the currency that was originally loaded to the Subway® Card.
Expiration / Fees
The Subway® Card prepaid dollar value balance never expires, nor does SPS charge any fees in connection with its use.
Registration
To create a Subway® account and register your Subway® Card, at Subway MVP Rewards or download the Subway® App. You must submit a valid email address.
Each customer is permitted to 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 Subway.com or the Subway® App.
By creating a Subway® account, you will automatically be enrolled in the Subway® MyWay Rewards Program, which is subject to additional terms and conditions. As a condition of membership in the Subway® MyWay Rewards Program, you will be asked to provide a valid email when you enroll, which the Subway® Group or its designees will use to contact you about your account and as otherwise permitted by applicable law. The Subway® Group may also send you such communications via the Subway® App (as applicable) if you choose to receive push notifications. You can opt-out of receiving any such push notifications by changing your device settings. You may also receive a notification or message during the check process in a Subway® restaurant.
You may also sign up to receive promotional messages and communications sent to you by email, SMS, or other computer electronic messaging such as Facebook Messenger on the Sites. You may unsubscribe from promotional commercial messages at any time by changing your preferences in your account or opting out via the unsubscribe link at the bottom of your email, or by following the opt-out instructions in the applicable SMS message or other computer electronic message as specified in the message. Even if you opt out of receiving promotional messages, you understand and agree that the Subway® Group may continue to send you messages concerning your account.
Balance
You can check the balance on a registered Subway® Card at participating Subway® restaurants, online by logging into your account Subway.com, or through the Subway® App. You can check the balance on an unregistered Subway® Card at participating Subway® restaurants.
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 Subway® Card. For Subway® eGift Cards, the PIN will be contained in the email in which the Subway® 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 Subway® Card
A Subway® Card that was initially loaded in one currency can be reloaded again in the that same currency. Additionally, a Subway® Card that 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 Subway® eGift Card may be transferred to a physical Subway® Card, and that Subway® Card may then be reloaded as described 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 Subway® Card on any calendar day, between beginning balance and reload activity, is $500.00. No single individual may purchase Subway® 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 Subway® Card.
If you have registered a Subway® Card and believe someone has obtained unauthorized access to your account information, you should change your password immediately. You should ensure that that your password is unique to your Subway® account and has not been used for any other purpose. You should also reach out to your financial institution and follow its dispute resolution policy if you believe that charges were made to any credit or debit card on file without your authorization.
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, complete the electronic Card Replacement Form and submit it along with proof of purchase of your Subway® Card. SPS will freeze the remaining unused balance on your Subway® Card as of the time the form is processed, and SPS will then issue a replacement Subway® eGift Card.
Subway® Cards that have been lost, stolen, damaged, or otherwise rendered non-functional will be replaced only if the Subway® Card was previously registered and proof of purchase is provided.
SPS is not responsible for any unauthorized use of your Subway® Card before your account balance is frozen. If you submit a proper request for replacement, a new Subway® eGift Card will be issued to you in the amount remaining at the time your balance was frozen.
Fraud
SPS reserves the right to refuse to accept or otherwise limit the use of any Subway® Card if SPS reasonably believes the use is unauthorized or unlawful.
2. The Subway® MVP Rewards Program
Subway® MyWay Rewards, LLC and Subway® MyWay Rewards of Canada, ULC administer the Subway® Rewards Program.
If you are a Subway® MVP rewards member, you may choose to link your account to your Subway® Card. Once your account is linked to your Card, the Card can then be used as identification when earning and redeeming points and rewards at participating Subway® restaurants. If you use an unregistered Subway® Card at a participating Subway® restaurant, you can earn Points on the associated transaction provided you register the Card and connect it to your Member Account via the Sites or link the Card to your Member Account within 48 hours.
To register your Subway® Card and be automatically enrolled in the Subway® MVP rewards program please visit www.subway.com and register your Subway® Card. If you have registered your Subway® Card online but the email address you provided when registering your Subway® Card is no longer valid, visit the Subway® FAQ page pertaining to the Rewards Program for further information. To check your Subway® MVP Rewards balance, manage your account, or view available offers, log into your Subway® account.
Participation in the Subway® MVP Rewards Program is subject to, and constitutes acceptance of, the Subway® MVP Rewards Program Terms of Use.
If you are a Subway® MVP rewards member, you may choose to link your account to your Subway® Card. Once your account is linked to your Card, the Card can then be used as identification when earning and redeeming points and rewards at participating Subway® restaurants. If you use an unregistered Subway® Card at a participating Subway® restaurant, you can earn Points on the associated transaction provided you register the Card and connect it to your Member Account via the Sites or link the Card to your Member Account within 48 hours.
To register your Subway® Card and be automatically enrolled in the Subway® MVP rewards program please visit www.subway.com and register your Subway® Card. If you have registered your Subway® Card online but the email address you provided when registering your Subway® Card is no longer valid, visit the Subway® FAQ page pertaining to the Rewards Program for further information. To check your Subway® MVP Rewards balance, manage your account, or view available offers, log into your Subway® account.
Participation in the Subway® MVP Rewards Program is subject to, and constitutes acceptance of, the Subway® MVP Rewards Program Terms of Use.
3. NO WARRANTIES; LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS OF WARRANTIES OR CONDITIONS IN THE SITE TERMS, THE SUBWAY® CARD 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.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW 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 PURCHASE, REGISTRATION, OR USE OF THE SUBWAY® CARD; EXCEPT THAT, IN THE EVENT THAT A SUBWAY® CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND SPS’ SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW 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 PURCHASE, REGISTRATION, OR USE OF THE SUBWAY® CARD; EXCEPT THAT, IN THE EVENT THAT A SUBWAY® CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND SPS’ SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD.
4. Mandatory Binding Individual Arbitration
THIS SECTION 4 APPLIES EXCLUSIVELY TO SUBWAY® CARDS ISSUED BY SPS.
PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH, FOR CONSUMERS, MAY INCLUDE THE PROVINCE OF QUEBEC), IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. IT ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.
If you are located in the United States:
Initial Dispute Resolution
Before submitting a claim for arbitration in accordance with the provisions set forth in this Section 17, you and we agree to try, for thirty (30) days, to resolve any Dispute (defined below, under “Agreement to Binding Arbitration”) informally, upon giving written notice to the other party that identifies the specific violation alleged, any and all facts related to the alleged violation, and the specific monetary or other relief, if any, sought by the party. To minimize the cost and inconvenience to all parties, and to promote prompt resolution of Disputes, you and we agree that engaging in this initial dispute resolution process is a material term of this arbitration agreement and a requirement that must be fulfilled before commencing any arbitration.
You and we further agree that any disagreements regarding compliance with this “Initial Dispute Resolution” provision shall be decided by a court, not an arbitrator; pending resolution of any such disagreements by a court, which may include requests to compel compliance with this provision, you and we agree that arbitration (as well as any obligation to pay arbitration fees) shall be stayed until the initial dispute resolution process set forth in this provision is complete. You and we acknowledge that either party’s failure to comply with the “Initial Dispute Resolution” provisions would irreparably harm the other, and you and we agree that a court may issue an order staying arbitration (and any obligation to pay arbitration fees) until the initial dispute resolution process in this provision is complete.
Agreement to Binding Arbitration
You and we hereby agree and consent that any claim, controversy, or dispute related to or arising out of access to and use of the Site or these Terms (including the breach hereof) or for any promotions offered by the Subway® Group, whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding arbitration before a single arbitrator as described below. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to binding arbitration, including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity. If you are a California resident, requests for public injunctive relief, if any, shall be decided by a court, not an arbitrator, and that request for public injunctive relief shall be severed from any arbitration proceeding and stayed pending a final determination of the arbitration. Nothing in this arbitration agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to effect the stay of any requests for public injunctive relief.
Arbitration proceedings must be initiated within one (1) year after any Dispute arises; otherwise, the Dispute is permanently barred.
Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party. Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction. This arbitration agreement applies to you and all Subway® Group Parties.
Where the location of the applicable Subway® Group member is within the U.S.A., the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, which are available at https://www.adr.org/Rules (Link open in new window). All AAA arbitration proceedings will be held virtually or in a location reasonably convenient to both parties, consistent with the AAA’s Consumer Arbitration Rules. Where the location of the applicable Subway® Group member is anywhere outside of the U.S.A., the arbitration will be administered by the International Chamber of Commerce (“ICC”) in accordance with its applicable rules. All ICC arbitration proceedings will be held within the region in which the applicable Subway® Group member is located and such location will be selected by the Subway® Group.
Notwithstanding the foregoing, in the event of any actual, alleged, or threatened violation of confidentiality or violation of the Subway® Group’s intellectual property or other proprietary rights, or where appropriate to stop or prevent an imminent breach of these Terms, you and we may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any Subway® Group institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the Subway® Group to submit any claim seeking relief other than injunctive relief to arbitration.
The parties understand that, absent this mandatory provision, they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration. The parties further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver
You and we further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: arbitration@subway.com. The notice must be sent within thirty (30) days of your use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth in this section. If you opt out of these arbitration provisions, we also will not be bound by them.
Initiation of Mass Arbitration
If ten (10) or more demands for arbitration are filed relating to the same or similar subject matter and share common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.”
If a Mass Arbitration is commenced, you and we agree that the arbitrator may, at the request of either party, consolidate two or more arbitrations into a single arbitration, but not as a class arbitration, where: (a) the parties have agreed to consolidation, (b) in accordance with Federal Rules of Civil Procedure standards and applicable law, or (c) all of the claims in the arbitrations are made under the same arbitration agreement or agreements. In deciding whether to consolidate, the arbitrator may take into account any circumstance the arbitrator considers to be relevant, including whether one or more arbitrators have been confirmed or appointed in more than one of the arbitrations and, if so, whether the same or different persons have been confirmed or appointed.
If a Mass Arbitration is commenced and two or more arbitrations are consolidated into a single arbitration, you and we agree that any party may submit a request to the AAA, the arbitrator, or both that the fees to be assessed by the AAA (including, but not limited to, the case management fees, hearing fees, and the arbitrator fees) be adjusted and reduced based on consolidation of the arbitrations into a single arbitration. The parties shall also be free to agree on limitations on the fees to be paid to the arbitrator, to class-action counsel, or counsel in consolidated proceedings.
Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth in this section do not apply or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Connecticut (except for small claims court actions, which may be brought where you reside). The parties expressly consent to exclusive jurisdiction in Connecticut for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the Site, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Additional Terms
Where the location of the applicable Subway® Group member is within the U.S.A., this arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
This arbitration agreement does not amend or modify any rights or obligations under any franchise agreement, development agent agreement, supplier agreement, vendor agreement, or any other contract between you and the Subway® Group. All disputes within the scope of those agreements will be resolved in accordance with their terms.
If you are located in Canada:
Except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within fourteen (14) days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator.
The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the arbitrator, whether characterized as final, interim, interlocutory or partial.
All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims, and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts.
A party to these Terms may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.
PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH, FOR CONSUMERS, MAY INCLUDE THE PROVINCE OF QUEBEC), IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. IT ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.
If you are located in the United States:
Initial Dispute Resolution
Before submitting a claim for arbitration in accordance with the provisions set forth in this Section 17, you and we agree to try, for thirty (30) days, to resolve any Dispute (defined below, under “Agreement to Binding Arbitration”) informally, upon giving written notice to the other party that identifies the specific violation alleged, any and all facts related to the alleged violation, and the specific monetary or other relief, if any, sought by the party. To minimize the cost and inconvenience to all parties, and to promote prompt resolution of Disputes, you and we agree that engaging in this initial dispute resolution process is a material term of this arbitration agreement and a requirement that must be fulfilled before commencing any arbitration.
You and we further agree that any disagreements regarding compliance with this “Initial Dispute Resolution” provision shall be decided by a court, not an arbitrator; pending resolution of any such disagreements by a court, which may include requests to compel compliance with this provision, you and we agree that arbitration (as well as any obligation to pay arbitration fees) shall be stayed until the initial dispute resolution process set forth in this provision is complete. You and we acknowledge that either party’s failure to comply with the “Initial Dispute Resolution” provisions would irreparably harm the other, and you and we agree that a court may issue an order staying arbitration (and any obligation to pay arbitration fees) until the initial dispute resolution process in this provision is complete.
Agreement to Binding Arbitration
You and we hereby agree and consent that any claim, controversy, or dispute related to or arising out of access to and use of the Site or these Terms (including the breach hereof) or for any promotions offered by the Subway® Group, whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding arbitration before a single arbitrator as described below. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to binding arbitration, including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity. If you are a California resident, requests for public injunctive relief, if any, shall be decided by a court, not an arbitrator, and that request for public injunctive relief shall be severed from any arbitration proceeding and stayed pending a final determination of the arbitration. Nothing in this arbitration agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to effect the stay of any requests for public injunctive relief.
Arbitration proceedings must be initiated within one (1) year after any Dispute arises; otherwise, the Dispute is permanently barred.
Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party. Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction. This arbitration agreement applies to you and all Subway® Group Parties.
Where the location of the applicable Subway® Group member is within the U.S.A., the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, which are available at https://www.adr.org/Rules (Link open in new window). All AAA arbitration proceedings will be held virtually or in a location reasonably convenient to both parties, consistent with the AAA’s Consumer Arbitration Rules. Where the location of the applicable Subway® Group member is anywhere outside of the U.S.A., the arbitration will be administered by the International Chamber of Commerce (“ICC”) in accordance with its applicable rules. All ICC arbitration proceedings will be held within the region in which the applicable Subway® Group member is located and such location will be selected by the Subway® Group.
Notwithstanding the foregoing, in the event of any actual, alleged, or threatened violation of confidentiality or violation of the Subway® Group’s intellectual property or other proprietary rights, or where appropriate to stop or prevent an imminent breach of these Terms, you and we may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any Subway® Group institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the Subway® Group to submit any claim seeking relief other than injunctive relief to arbitration.
The parties understand that, absent this mandatory provision, they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration. The parties further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver
You and we further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: arbitration@subway.com. The notice must be sent within thirty (30) days of your use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth in this section. If you opt out of these arbitration provisions, we also will not be bound by them.
Initiation of Mass Arbitration
If ten (10) or more demands for arbitration are filed relating to the same or similar subject matter and share common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.”
If a Mass Arbitration is commenced, you and we agree that the arbitrator may, at the request of either party, consolidate two or more arbitrations into a single arbitration, but not as a class arbitration, where: (a) the parties have agreed to consolidation, (b) in accordance with Federal Rules of Civil Procedure standards and applicable law, or (c) all of the claims in the arbitrations are made under the same arbitration agreement or agreements. In deciding whether to consolidate, the arbitrator may take into account any circumstance the arbitrator considers to be relevant, including whether one or more arbitrators have been confirmed or appointed in more than one of the arbitrations and, if so, whether the same or different persons have been confirmed or appointed.
If a Mass Arbitration is commenced and two or more arbitrations are consolidated into a single arbitration, you and we agree that any party may submit a request to the AAA, the arbitrator, or both that the fees to be assessed by the AAA (including, but not limited to, the case management fees, hearing fees, and the arbitrator fees) be adjusted and reduced based on consolidation of the arbitrations into a single arbitration. The parties shall also be free to agree on limitations on the fees to be paid to the arbitrator, to class-action counsel, or counsel in consolidated proceedings.
Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth in this section do not apply or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Connecticut (except for small claims court actions, which may be brought where you reside). The parties expressly consent to exclusive jurisdiction in Connecticut for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the Site, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Additional Terms
Where the location of the applicable Subway® Group member is within the U.S.A., this arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
This arbitration agreement does not amend or modify any rights or obligations under any franchise agreement, development agent agreement, supplier agreement, vendor agreement, or any other contract between you and the Subway® Group. All disputes within the scope of those agreements will be resolved in accordance with their terms.
If you are located in Canada:
Except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within fourteen (14) days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator.
The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the arbitrator, whether characterized as final, interim, interlocutory or partial.
All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims, and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts.
A party to these Terms may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.
5. 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 purchase, registration, or use of the Subway® Card, and any claims, controversies, or disputes related to or arising therefrom are governed by the body of law in, and will be resolved in accordance with the dispute resolution provisions of, this Agreement. Any claims, controversies, or disputes related to or arising from the Site Terms are governed by the body of law in, and will be resolved in accordance with the dispute resolution provisions of, the Site Terms.
SPS will not 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.
In the case of Subway® Cards issued in the U.S., the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, apply to this Agreement and the purchase, registration, and/or use of your Subway® Card. In the case of Subway® Cards issued in Canada, the laws of the Province of Alberta, without regard to principles of conflict of laws, apply to this Agreement and the purchase, registration, and/or use of your Subway® Card.
SPS reserves the right to change this Agreement from time to time in its discretion, which changes SPS may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at https://www.subway.com/en-pr/legal/subway-card.
Another party, including any successor or designee of SPS may be substituted as the Subway® Card issuer and sole obligor without the cardholder’s consent. If a new party becomes the Subway® Card issuer, the former Subway® Card issuer is released from all liability to the Subway® Card holder or any other party.
SPS will not 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.
In the case of Subway® Cards issued in the U.S., the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, apply to this Agreement and the purchase, registration, and/or use of your Subway® Card. In the case of Subway® Cards issued in Canada, the laws of the Province of Alberta, without regard to principles of conflict of laws, apply to this Agreement and the purchase, registration, and/or use of your Subway® Card.
SPS reserves the right to change this Agreement from time to time in its discretion, which changes SPS may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at https://www.subway.com/en-pr/legal/subway-card.
Another party, including any successor or designee of SPS may be substituted as the Subway® Card issuer and sole obligor without the cardholder’s consent. If a new party becomes the Subway® Card issuer, the former Subway® Card issuer is released from all liability to the Subway® Card holder or any other party.
6. Privacy
Your personal information will be treated in accordance with our Privacy Statement. SPS may send you order confirmations or other transactional text messages with your consent. Text STOP to opt out. Text HELP for help. Standard message and data rates may apply.
7. Contact Us
For questions or problems relating to your Subway® Card, contact: Guest Care (United States) or Guest Care (Canada). Note that SPS is only responsible for customer service issues relating to your Subway® Card account. Problems with the use of a Subway® Card at a Subway® restaurant are the responsibility of that restaurant.
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