SUBCARD NZ Limited ("SNZ"), also referred to as "we/us/our", provides services and support to Subway® (as defined at the end of these terms and conditions), including the eGift Cards available through its website eGift Cards ("the website").
By purchasing, registering or using an eGift Card you agree to these terms and conditions (“terms and conditions”). These terms and conditions apply to you, the recipient or any user of the card. These terms and conditions contain disclaimers and other provisions that limit SNZ's liability to you.
Variation of these terms and conditions
We reserve the right to vary, suspend, modify or terminate these terms and conditions at any time without prior notice. Any changes to these terms and conditions will be posted on the website, and you will be bound by those amended terms and conditions. We recommend that you review the terms and conditions from time to time. If you do not agree with any of the terms and conditions as amended from time to time, you must cease using your eGift Card.
eGift Card purchase
You can purchase an eGift Card from the website, either for yourself or for another person you nominate in the purchase process.
Where you nominate another person to receive the eGift Card, you hereby confirm that the recipient consents to receiving that eGift Card from us at your nominated email address.
At the time of your purchase you must nominate a value between NZ$10 and NZ$1,000 to load on to the eGift Card ("eGift Card credit"). You are responsible for checking that the value loaded onto your eGift Card is correct at the time of purchase.
Your order for an eGift Card will be submitted by completing the required details and clicking the 'submit' button. The eGift card will then be sent to your nominated email address.
You are able to reload your eGift Card with additional credit in-store. The maximum credit you can have on your SUBCARD® account at any time is $1,000. You can transfer your eGift Card balance to a physical card or a registered SUBCARD® account if you prefer, rather than carrying a printed voucher.
Additional credit will not be able to be loaded onto eGift Cards purchased prior to 18 September 2017. A new eGift Card will need to be loaded with credit instead after this date.
You cannot transfer credit available on one eGift Card to another eGift Card.
eGift Card expiry
You have the right to redeem your eGift Card credit for Subway® products, either instore or online for a period of 12 (twelve) months from the date the eGift Card was loaded.
You will not be able to use your eGift Card once your credit has expired.
Redeeming eGift Cards
You do not need to register your eGift Card in order to use it. Simply present your valid eGift Card at any Subway® restaurant, or online, to use your available eGift Card credit to purchase Subway® products.
Your eGift card credit is non-refundable, except in accordance with your legal rights. Your eGift Card has no cash redemption value and cannot be exchanged for cash. You cannot use your eGift Card to redeem any goods or services other than Subway® products. You cannot use your eGift Card to purchase Subway® products outside of New Zealand. You cannot use your eGift Card to purchase another eGift Card. eGift Cards will be void and will not be redeemable if they are defaced, mutilated, altered or tampered with in any way. SNZ may subject eGift Cards to verification and security checks in its absolute discretion.
Earning SUBCARD® Reward Dollars
You may earn SUBCARD® Reward Dollars every time you make a purchase at a Subway® restaurant, or online, and scan your eGift Card at the cash register.
The rewards value for calculating SUBCARD® Reward Dollars may change from time to time without prior notice to you.
You will not earn any SUBCARD® Reward Dollars in respect of:
- the initial purchase of your eGift Card;
- the purchase of Subway® products using existing SUBCARD® Reward Dollars; or
- the purchase of Subway® products prior to you presenting your eGift Card.
If you return a product or receive a refund on a product, we reserve the right to reverse the SUBCARD® Reward Dollars earned for the original purchase.
Redeeming SUBCARD® Reward Dollars
You must register your eGift Card before you can redeem SUBCARD® Reward Dollars. You do not need to register your eGift Card in order to earn SUBCARD® Reward Dollars.
There are three ways to register your eGift Card:
- download the Subway® App and follow the prompts to enter the information requested; or
- log on here, follow the links and enter the Access Code provided with your eGift Card or
- call 0800 78 22 73, and register with a SUBCARD® representative.
You must redeem your SUBCARD® Reward Dollars only for approved Subway® products. You must have a minimum balance of NZ$3 (three) SUBCARD® Reward Dollars on your eGift Card and your eGift Card must be registered before you are eligible to redeem your SUBCARD® Reward Dollars for approved Subway® products.
SUBCARD® Reward Dollars cannot be redeemed for cash.
Approved Subway® products are subject to availability and may be withdrawn or substituted at any time.
We will deduct the appropriate number of SUBCARD® Reward Dollars from your eGift Card when you redeem SUBCARD® Reward Dollars for approved Subway® products.
SUBCARD® Reward Dollars cannot be transferred to any other reward program.
eGift Card credit balance
Details of your remaining eGift Card credit and SUBCARD® Reward Dollars, if any, will appear on your receipt each time you make a purchase using your eGift Card at Subway® restaurants, or on the Subway® App if you linked your eGift Card to your SUBCARD® account.
Ownership of the eGift Card
Your eGift Card is the property of SNZ. You must not copy or reproduce your eGift Card or interfere with its operation in any way.
Your eGift Card is personal to you, the recipient who you have purchased the eGift Card for, or any user of the card. You must not on sell your card or assign any of your rights or obligations under these terms and conditions.
Linking your eGift Card
Once your account has been registered, you may link your eGift Card credit with the SUBCARD® loyalty program. You can do this in one of two ways:
- Link with a virtual SUBCARD®; or
- Link with a traditional SUBCARD® card.
Additional terms and conditions apply to the SUBCARD® loyalty programme.
Upon linking your eGift Card with the SUBCARD® loyalty program including both the virtual and physical SUBCARD®, you also agree to the SUBCARD® terms and conditions which can be found here.
To link your eGift Card with a virtual SUBCARD®, you must first download the Subway® App. You can download the Subway® App either by texting Subway to 5757 and following the prompts, or by visiting your phone’s app store and downloading the Subway® App.
Additional terms and conditions apply to the Subway® App, and can be found within the Subway® App on the "About Subway® App" section.
You must then follow the prompts on the Subway® App to link your eGift Card 16 Digit Number and Access code.
Your eGift Card will then link to the same records, which are updated in real time. You can use either the eGift Card in store, or the virtual card using the Subway® App, and both will be updated regardless of which one was scanned in store.
If your eGift Card isn’t registered yet, and you try to link with a virtual card, you’ll be prompted to register your eGift Card.
(2) Traditional SUBCARD®
To link your eGift card with a physical SUBCARD®, you must already have a registered SUBCARD® account. Simply log in by visiting www.subcard.co.nz and then select "Combine Cards", this process will take approximately 48 hours to update.
Lost or stolen eGift Cards
We will not accept liability for eGift Cards which are lost, stolen, destroyed or used without permission.
We will only replace the remaining balance on a lost, stolen or destroyed eGift Card if your eGift Card has been registered with us as lost, stolen or destroyed.
Provided your eGift Card was registered, we will freeze the remaining SUBCARD® Reward Dollars and eGift Card credit from the time that you report to us (by logging on here and clicking on the "LOST OR STOLEN" tab or calling 0800 78 22 73) that your eGift Card is lost, stolen or destroyed.
We may require proof of your identity (including photo identified caption) to freeze SUBCARD® Reward Dollars and your eGift credit, replace an eGift Card, or credit a replacement eGift Card with previously earned SUBCARD® Reward Dollars or a previously loaded eGift Card credit. The replacement or credit of an eGift Card is at SNZ's sole discretion.
Right to terminate, cancel or refuse a transaction
We may terminate this agreement, cancel your eGift Card, or refuse a transaction if we suspect the eGift Card is being used fraudulently, and/or in an unauthorised or illegal manner, or if we have reason to believe that you are in breach of this agreement.
If we need to investigate a transaction on the eGift Card then you must cooperate with us, the police or any other authorised body if this is required.
Where we cancel your eGift Card, any unused SUBCARD® Reward Dollars or eGift Card credit will be valid for three months from the date of cancellation, after which any unused SUBCARD® Reward Dollars or eGift Card credit will expire. The three month validity period does not apply to an eGift Card which is lost, stolen or destroyed. You can cancel your eGift Card by calling 0800 78 22 73, or writing to PO Box 8193, Symonds Street, Auckland, 1150. Where you cancel your eGift Card, any unused SUBCARD® Reward Dollars or eGift Card credit will expire immediately.
We care about the safety of children. We will not knowingly allow anyone under 18 to provide us any personally identifying information. Children under 18 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves (such as their names, e-mail addresses, and phone numbers) over the Internet, including by uploading this information into the Subway® App.
Collection and Use of Customer Information
Holders of an eGift Card may voluntarily register their eGift Card to redeem SUBCARD® Reward Dollars, through the website, or by calling 0800 78 22 73. You do not need to register your eGift Card in order to collect SUBCARD® Reward Dollars, only to redeem Reward Dollars.
You have the right to access your personal information and request correction of any errors in it pursuant to the Privacy Act 1993. You may access and request correction of your personal information held by our selected third parties by contacting the Privacy Officer by telephone at +64 9 367 4400; by email at email@example.com; or by mail at PO Box 8193, Symonds Street, Auckland 1150.
Limitation of liability
To the extent permitted by law, we do not accept responsibility for, and we will not be liable for, any loss or damage suffered by you, however caused, in connection with or arising from your eGift Card or use of this website, including but not limited to:
- any delay in replacing your eGift Card;
- any unauthorised use of your eGift Card;
- any approved Subway® product not being available for any reason;
- any failure to credit you with an eGift Card credit;
- any problems or technical malfunction of eGift Card, or any network or lines, servers or providers;
- any failure to notify you of any changes in these Terms and Conditions; or
- any failure to notify you of cancellation of your eGift Card.
You hereby irrevocably hold us harmless from all claims, suits, demands, actions, proceedings which you have or in the future may have against us, and shall indemnify and release us from all and any claims for damages or otherwise in the terms of, and in connection with or arising from your eGift Card or use of this website, to the fullest extent permitted by law.
You acknowledge and agree that all decisions pertaining to eGift Card matters rest solely with us and our decision is final.
All conditions and warranties, whether express or implied and whether arising under legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under or in relation to your eGift Card are expressly excluded to the full extent permitted by law. Any liability we may have to you under legislation in respect of such goods and services which cannot be excluded is limited, where permitted, to supplying, or paying the cost of supplying, the goods or services again.
You may have rights under the Consumer Guarantees Act 1993 which are not excluded or limited by anything set out in these Terms and Conditions.Each exclusion or limitation of liability in these Terms and Conditions also applies to the owners and operators of Subway® restaurants, Subway Franchisee Advertising Fund Trust B.V., Doctor’s Associates Inc., Subway® Development Agents and their related companies (as defined in the Companies Act 1993), employees and agents (together, " Subway®").