About

Subcard® Terms and Conditions

Introduction

When these Terms apply

Subcard NZ Limited (we, us, or our) operates loyalty, payment card, and gift card schemes (Schemes) in conjunction with Independent Purchasing Company (Australasia) Ltd (IPCA), our service providers and the Subway® Group which includes: Subway International B.V, Franchise World Headquarters LLC, Subway Systems Australia Pty Ltd., Subway Franchisee Advertising Fund Trust B.V. and Subway IP, LLC. To operate these Schemes, we issue Subcards® and Subway® eGift Cards (Cards). The Cards can be loaded with notional dollars that can be used to buy Subway® food and drink items, and that can either be earned under the Subcard® loyalty Scheme (Reward Dollars) or be bought from us (Gift Dollars). Together, these things make up the Subcard® Programme.

These Terms and Conditions (Terms) govern:

  • the Subcard® Programme
  • access to, and the use of, any software application to the extent that it is accessed or used in connection with the Subcard®  Programme (Subway® App)
  • access to, and the use of, the following websites (Subway® Websites): [order.subway.com/en-nz/] (Subway® Online Ordering Website), [subcard.co.nz], and [subway.com/en-nz] , to the extent that it is accessed or used in connection with the Subcard®  Programme (where these Terms apply alongside the “Web Site Terms of Use” at subway.com/en-NZ/Legal/TermsOfUse (Subway® Website Terms).

These Terms apply between us and any person (you or your) who:

  • applies for, buys, or uses a Card, Reward Dollars, or Gift Dollars, or otherwise participate in the Subcard® Programme
  • accesses or uses the Subway® App or a Subway® Website

By doing (or trying to do) any of these things, you accept these Terms. If you do not agree to these Terms, you must not take part (or try to take part) in the Subcard® Programme.

Please refer to the Subway® Online Ordering Terms and Conditions which govern your placement of online orders through the Subway® App and the website located at order.subway/en-nz. To be clear, these Terms, the Subway® Online Ordering Terms and Conditions and Subway® Website Terms together govern:

  • the Subcard® Programme
  • access to, and the use of, the Subway® App
  • access to, and the use of, the Subway® Websites, Subway® Online Ordering Website.

Headings

The headings in these Terms are just there to help you find your way through the Terms. The headings are not themselves provisions of these Terms, and do not limit or change the meaning of the actual provisions.

Who can take part in the Subcard® Programme

You must be 18 years or older to fully take part in the Subcard® Programme.

So if you are under 18, you can use a Card to buy Subway® food and drink items, but you cannot:

  • get a Card for yourself
  • earn Reward Dollars or buy Gift Dollars for yourself
  • get a Card or buy Gift Dollars as a gift for somebody else.

What kinds of Cards used in the Subcard® Programme

Kinds of Cards

We issue Subcards® and Subway® eGift Cards under the Subcard® Programme.

Subcards® can be in the form of either physical cards or virtual cards (for example, QR codes). Subway® eGift Cards are virtual cards.

Subject to these Terms, a Card can be loaded with Reward Dollars and/or Gift Dollars. The available balance of Reward Dollars and/or Gift Dollars on the Card can be used to buy food and drink items (Subway® Menu Items) offered for sale at participating Subway® restaurants in New Zealand (Subway® Restaurants). A Card cannot be used in any other way (for example, it cannot be used as a credit card or debit card).

How to get Cards

How to get physical Subcards®

Physical Subcards® are available in-store at participating Subway® Restaurants. They are issued for free. They have no value until you load them with Reward Dollars (see the section “Adding Reward Dollars to Cards”) and/or Gift Dollars (see the section “Adding Gift Dollars to Cards”).

How to get virtual Subcards®

A virtual Subcard® comes in the form of a QR code, an electronic voucher or similar that is displayed on a compatible mobile phone. You can create and use a virtual Subcard® in the Subway® App. To do this, you need to download and install the Subway® App from your phone's app store. The Subway® App can be used on phones that support Android and iOS. You must check regularly for updates to the Subway® App and download all updates promptly. 

We do not charge a price for the creation of a virtual Subcard®.However, your mobile network provider may charge you for data usage or other costs to download and use the Subway® App and virtual Subcard® on your mobile phone; you are responsible for any such costs. 

Virtual Subcards® have no value until you load them with Reward Dollars (see the section “Adding Reward Dollars to Cards”) and/or Gift Dollars (see the section “Adding Gift Dollars to Cards”).

How to get Subway® eGift Cards

Subway® eGift Cards are available from https://order.subway.com/en-nz/gift-cards or in the Subway® App.

A Subway® eGift Card takes the form of a QR code, an electronic voucher or similar that is delivered electronically.

When you order a Subway® eGift Card, you must:

  • select the value of the Subway® eGift Card you are ordering
  • nominate the person and email address to which we must send the Subway® eGift Card.

You can order a Subway® eGift Card for any value between $10 and $999 (in New Zealand dollars). The Subway® eGift Card that is emailed will be loaded with Gift Dollars to that value (see the section “Adding Gift Dollars to Cards”). The buyer is responsible for checking that the amount of Gift Dollars is correct at the time of purchase.

An order for a Subway® eGift Card is completed by filling out the required details and clicking the "submit" button. The Subway® eGift Card will then be sent to the nominated person at the nominated email address, and a receipt confirmation sent to the buyer.

You can nominate either yourself as the person to whom the Subway® eGift Card must be sent, or somebody else. (If you nominate yourself as the email recipient, you can still forward the email containing the Subway® eGift Card to somebody else, so long as you have not yet registered the Subway® eGift Card in your name.)

You confirm to us that the recipient you nominate in the ordering process consents to receiving the Subway® eGift Card, and the accompanying email, from us at the email address you nominate.

Cards can work as loyalty cards, gift cards, or payment cards

Subcards® and Subway® eGift Cards can all work as loyalty cards, gift cards, or payment cards (i.e. as cards kept to pay for one’s own purchases), depending on how they are dealt with.

You can get any kind of Card (whether a physical Subcard®, virtual Subcard®, or Subway® eGift Card) for your own use, to use as your Subway® loyalty card and/or payment card. You can then load the relevant Card with Reward Dollars and/or Gift Dollars you buy (see the sections “Adding Reward Dollars to Cards” and “Adding Gift Dollars to Cards”).

Alternatively, you can get a physical Subcard®, or Subway® eGift Card as a gift card for somebody else to use, so long as that Card has not yet been registered in your name. The person to whom you gift the Card can then use the Gift Dollars you loaded on it to pay for Subway® Menu Items they want to buy (see the section “Buying Subway Menu Items with Cards”).

Our discretion not to supply Cards

We reserve the right to refuse, or not complete, any request or order for a Card. For example, we do not have to supply you with a Card if we think you may be under 18 (see the section “Who can take part in the Subcard Programme”) or may exceed any applicable maximum dollar cap (see the section “Adding Gift Dollars to Cards”). If we refuse or cancel an order, any payment you may have made for the Card will not be processed or will be reversed.

Adding Gift Dollars to Cards

Buying and loading Gift Dollars

Gift Dollars can be bought at Subway® Restaurants, in the Subway® App, or at [https://order.subway.com/en-nz/gift-cards].

One Gift Dollar costs $1 (in New Zealand currency). No GST is charged on sales of Gift Dollars.

To load a Card with Gift Dollars, you need to:

  • swipe or scan the Card into the Subway®  Restaurant’s card reader (if you are buying the Gift Dollars at a Subway®  Restaurant)
  • log in to your Subcard®  Account and use the top up function (if you are buying the Gift Dollars in the Subway®  App)
  • log in to https://order.subway.com/en-nz/top-up and follow the prompts there (if you are buying the Gift Dollars in the Subway® Website),

and pay the appropriate amount as instructed.

A physical Subcard® can be loaded with Gift Dollars when the Card is originally issued (and those Gift Dollars used to buy Subway® Menu Items) without that Card needing to be registered. However, the Card must be registered before any additional Gift Dollars can be loaded on that Card.

If you are not paying cash for Gift Dollars (for example, you are paying with a credit card or by online bank transfer), the account from which you are making the payment must be held with a financial institution located in New Zealand, or as permitted within the Subway® App from time to time.

Maximum dollar caps

There are restrictions on the amount of Gift Dollars that can be loaded on, or added (as top-ups or reloads) to, Cards. The restrictions are as follows (in New Zealand dollars):

  • Maximum value at any specific time: A Card (or if you have more than one Card, all of your Cards combined) cannot have more than $999 of Gift Dollars loaded on it (or if you have more than one Card, on all of the Cards combined) at any particular moment.
  • Maximum loaded per 12-month period (where Cards are topped up or reloaded): You cannot load more than $9,999 in total of Gift Dollars on a Card (or if you have more than one Card, all of your Cards combined) in any consecutive 12month period.

These restrictions do not include Reward Dollars.

Our discretion not to issue Gift Dollars

We reserve the right not to load, reload, or top up a Card with Gift Dollars, whether at all or for any particular amount. For example, we can refuse (or not complete) any order for Gift Dollars or additional Gift Dollars if we think that may breach any of the maximum dollar caps described above. If this happens, any payment you may have made for the Gift Dollars that are not issued will not be processed or will be reversed.

Adding Reward Dollars to Cards

You can earn Reward Dollars every time you make a purchase of Subway® Menu Items at a Subway® Restaurant, by swiping or scanning your Card. The Reward Dollars you earn are loaded on the Card when you swipe or scan it.

You can also automatically earn Reward Dollars every time you make an online purchase of Subway® Menu Items on a Subway® Website or the Subway® App. Your Subway® eGift Cards must be linked to your Subcard® Account before the Reward Dollars you earn can be loaded to your account.

Reward Dollars will be earned at the rate we set from time to time. Currently, Reward Dollars are earned at the standard rate of 3.5% on the total purchase price of Subway® Menu Items (including GST). If we change the standard rate, the new rate will apply to any purchases of Subway® Menu Items you make after the new rate comes into effect. If the Card to which your Reward Dollars are being loaded is registered, we will give you at least 30 days prior notice on the Website and on the Subway® App if the standard rate for earning Reward Dollars changes. Otherwise, if the relevant Card is not registered, we can change the standard rate without notice to you.

We reserve the right to issue Reward Dollars:

  • at a higher promotional rate than the standard rate from time to time for particular periods, particular customers, and/or particular Subway®  Menu Items at any time, without following the notice provisions that apply to the standard rate (for example, a “Get Triple Reward Dollars for Two Weeks” promotion for new Card customers)
  • for reasons other than purchases of Subway®  Menu Items as we may see fit, for example as rewards for doing Subway® surveys (except that we will never sell Reward Dollars).

To be clear, you will not earn Reward Dollars on:

  • Subway®  Menu Items you buy in a Subway® Restaurant if you do not swipe or scan your Card at the time of purchase
  • any delivery charges
  • purchases of Cards or Gift Dollars
  • purchases using third party food aggregators or third party delivery platforms • free products
  • in accordance with these Terms.

We can reverse Reward Dollars issued to you if there are grounds that reasonably justify a reversal, such as if:

  • you receive a refund for, the Subway® Menu Items for which those Reward Dollars were earned
  • if we made a mistake in issuing the Reward Dollars, or we reasonably think the Reward Dollars were obtained by dishonest or illegal means.

Registering Cards

Advantages of registration

Before a physical Subcard® or Subway® eGift Card is registered in your name, you can only do the following things with it (subject to these Terms):

  • Reward Dollars can be loaded onto an unregistered physical Subcard® (but they cannot be used to buy Subway® Menu Items before the Card is registered).
  • Gift Dollars can be loaded on an unregistered Subway® eGift Card (but they cannot be reloaded or topped up).
  • The Gift Dollars on an unregistered Card can be used to buy Subway® Menu Items instore (but not for online ordering).

However, once a Card is registered in your name, you can do all the following things with it (subject to these Terms):

  • Reward Dollars can be loaded on any Card that is registered in your name.
  • The Reward Dollars on a registered Card can be used buy Subway® Menu Items in-store or online (using the Subway® App or Subway® Online Ordering Website).
  • A registered Card can be loaded, reloaded, or topped up with Gift Dollars at any time (so long as you do not go over the maximum dollar caps described in the section “Adding Gift Dollars to Cards”).
  • The Gift Dollars loaded on a registered Card (including reloaded or top-up Gift Dollars) can be used to buy Subway® Menu Items not only in-store, but also online. Registering a Card also gives you certain other benefits, including the ability to:
  • have the Gift Dollars or Reward Dollars on the Card replaced if the Card is lost, stolen or damaged (see the section “Cards that are lost, stolen, or damaged”)
  • see and manage the Gift Dollar and Reward Dollar transactions and balances online (as described under the heading “Registering a Card creates a Subcard® Account” below).

How to register a Card

When you create a virtual Subcard® in the Subway® App, that Card is automatically registered in your name, using the details you provide in the Subway® App when you request the Card.

If you buy a physical Subcard® or Subway® eGift Card for yourself, or get one from somebody as a gift, you can register it in your name by going to https://order.subway.com/en-nz/register and following the registration prompts on that Website.

Registering a Card creates a Subcard® Account

When you register a Card, it creates an online account (Subcard® Account) that you can access to see how many Reward Dollars and Gift Dollars you have on the Card and to manage your Card. You can use the Subway® App to access the Subcard® Account, or log into it at https://order.subway.com/en-nz.

You must:

  • keep your username, password, and any other security details for your Subcard® Account confidential and secure
  • not permit any other person to use your username, password and any other security details to access your Subcard® Account (or any of them) through a Website or the Subway® App
  • immediately change your password on the Websites and Subway®  app, and notify us, if you believe your Subcard® Account (or any of them) has been compromised
  • not access (or try to access) any other person's Subcard® Account. 

Registration if you have two or more Cards

If you have more than one Card that you want to register (for example, where you already have a registered Subcard® and later receive a Subway® Gift Card that you want to register as well you can link the second and any later Cards to your Subcard® Account in order to merge them. To do this, log into your existing Subcard® Account and follow the prompts. Once you merge the Cards, they will all still work (so that you can still use any of them to swipe or scan); however; they will all link to the same Subcard® Account and together have a single, combined Reward Dollar balance and a single, combined Gift Dollar balance.

Registration of Cards meant as gifts

If you are getting a physical Subcard® or Subway® eGift Card to give to somebody else, you should not register the Card in your name. Instead, leave the recipient to register the Card in their name. This is because a Card that has been registered in one person’s name cannot be transferred to somebody else (see the section “Transferring and Merging Cards, Gift Dollars or Reward Dollars”).

What “registration” means in these Terms

In these Terms, all references to:

  • the “registration” of a Card, means the registration of that Card in accordance with this section
  • a Card that is “registered”, means a Card that is registered in accordance with this section.

Buying Subway® Menu Items with Cards

You can use:

  • the Gift Dollars available on a Card you hold (whether unregistered, or registered in your name)
  • the Reward Dollars available on a Card that is registered in your name (so long as you have at least three (3) Reward Dollars available on that Card),

to pay for Subway® Menu Items (including GST) that you:

  • buy in-store from Subway®  Restaurants
  • order online from Subway®  Restaurants via the Subway App® or the Subway® Online Ordering Website.

To do so:

  • If you are buying the Subway®  Menu Items in-store with a physical Card, scan (via QR code) into the Subway®  restaurant’s reader.
  • If you are buying the Subway®  Menu Items in-store with a virtual Card, open the Subway® App on your mobile phone and scan the Card (QR code) displayed in the Subway App® into the Subway®  Restaurant’s reader. You can also scan a printout of that Card (QR code) into the Subway®  Restaurant’s reader.
  • If you are buying the Subway®  Menu Items online, select the relevant Card as your payment method in the Subway® App or Website and follow the prompts.

In each case, you will need to specify whether and what amount of Gift Dollars, Reward Dollars, or both available on your Card you are using for the payment. A Gift Dollar or a Reward Dollar has a value of one real dollar, when you use it to pay for Subway® Menu Items. You can use Gift Dollars or Reward Dollars to pay the full price of Subway® Menu Items, or to pay part of the price. So you can pay for Subway® Menu Items with:

  • Gift Dollars only, Reward Dollars only, or a combination of Gift Dollars and Reward Dollars
  • a combination of Gift Dollars and/or Reward Dollars and another payment method (cash, credit card, etc).

When you use Gift Dollars or Reward Dollars to pay for Subway® Menu Items, we will deduct the relevant number of Gift Dollars or Reward Dollars (as the case may be) from the available Gift Dollar balance or Reward Dollars balance on your Card and they will be applied towards the price of the Subway® Menu Items you are buying.

If you do not use up all the Gift Dollars or Reward Dollars on a Card when you buy Subway® Menu Items, the unused Gift Dollars or Reward Dollars will remain on the Card for you to use later. You will not be paid out any money as change; see the section “Gift Dollars and Reward Dollars cannot be turned into real money”.

A Card’s Gift Dollar and Reward Dollar balances will appear on your receipt each time you buy Subway® Menu Items using that Card at a Subway® Restaurant. If your Card is registered, you can also see your Gift Dollars and Reward Dollars balances in the Subway® App or a Subway® Website, in your account (Subcard® Account) (see the section “Registering Cards” above).

You cannot pay for Subway® Menu Items with:

  • Reward Dollars on a Card that is unregistered or (if registered) has less than three Reward Dollars available on it
  • Gift Dollars or Reward Dollars that have already been used, have expired (see the section “When Gift Dollars and Reward Dollars expire”), or have been cancelled (see the section “Cancelling or freezing Cards, Gift Dollars, or Reward Dollars”).

Subway® Menu Items

You can only use Gift Dollars and Reward Dollars to pay for Subway® Menu Items (including for the GST on them).

The Subway® Menu Items that you are able to buy with Gift Dollars or Reward Dollars are any food or drink items offered for sale at the Subway® Restaurant where you want to use your Gift Dollars or and Reward Dollars, subject to availability.

The food and drink items that are sold at a Subway® Restaurant may be changed or substituted from time to time. Please ask the Subway® Restaurant where you plan to use you Gift Dollars or Reward Dollars for details of the Subway® Menu Items it offers and has available at that time.

To be clear, you cannot use a Card (or any Gift Dollars or Reward Dollars loaded on a Card) to:

  • pay for delivery
  • buy Gift Dollars
  • make purchases using third party food aggregators or third party delivery platforms
  • pay for any goods or services other than Subway® Menu Items bought from Subway®  Restaurants in accordance with these Terms.

Online ordering

If you buy Subway® Menu Items online (via the Subway® App or Subway® Online Ordering Website), the Subway® Online Ordering Terms and Conditions.

Authorised use

We are entitled to assume that every transaction (whether in-store or online)) using your Card are undertaken by you (unless you have registered that Card and have notified us that the Subcard® Account for your Card has been compromised). 

Transferring and Merging Cards, Gift Dollars, or Reward Dollars

Transferring Cards

A Card that has been registered in one person’s name cannot be transferred to another person.

Merging your Gift Dollars and Reward Dollars between your own Cards

You can merge Gift Dollars and Reward Dollars between different Cards you have, so long as both Cards are registered in your name under the same email address. You can request to merge your Gift Dollars and Reward Dollars via the Service Centre [0800782273]. The original expiry date of the Gift Dollars or Reward Dollars will continue to apply to them after the transfer.

When Gift Dollars and Reward Dollars expire

A Gift Dollar expires one year after the date it was bought from us.

A Reward Dollar expires one year after the date it was first loaded on a Card (even if the Card was not yet registered at that time).

Gift Dollars or Reward Dollars that have expired:

  • will be deducted from the relevant Card’s Gift Dollar balance or Reward Dollar balance (as the case may be)
  • can no longer be used to buy Subway® Menu Items.

You have no right to be refunded or compensated for Gift Dollars or Reward Dollars that have expired. This applies even if you were prevented from using the Gift Dollars or Reward Dollars in time by something that was outside your control.

If you transfer Gift Dollars or Reward Dollars from one of your Cards to another of your Cards (by merging the Cards), the transferred Gift Dollars and Reward Dollars keep their original expiry date.

Gift Dollars and Reward Dollars cannot be turned into real money

Gift Dollars and Reward Dollars on a Card are redeemable only for Subway® Menu Items, in accordance with these Terms. Gift Dollars and Reward Dollars:

  • do not earn any interest, in the form of real money or otherwise
  • are not refundable, except in accordance with your legal rights
  • cannot be redeemed for cash, withdrawn in cash, or otherwise cashed out.

Ownership of Cards

The lawful holder of a Card is the person to whom a Card is issued, or (if a Card has been transferred to another person in accordance with these Terms) that other person. The lawful holder:

  • is entitled to hold the Card and to deal with it in accordance with these Terms
  • has a claim against us to ensure that the unused Reward Dollars and unused Gift Dollars stored on the Card are redeemed for Subway® Menu Items, on and subject to these Terms.

However, we retain ownership of the Card (including the relevant code, in the case of a virtual Card) at all times. Therefore you cannot copy the Card, tamper with it, or interfere with its operation in any way (and if you do, we can cancel the Card and all Reward Dollars and Gift Dollars on it – see the section “Cancellation or freezing of Cards, Gift Dollars, and Reward Dollars” under “Copied or altered Cards”).

Cards that are lost, stolen, damaged, or used without permission

We have no liability for a Card that is lost, stolen, damaged, or used without permission.

We recommend you register your Card to help protect any remaining balance if the Card is lost, stolen, or damaged. If the Card has been registered, it can be frozen and the Gift Dollar and Reward Dollar balances on it transferred to a new Subcard®, using the following steps:

  • Report to us (by logging on https://order.subway.com/en-nz/top-up and clicking on the "lost or stolen" tab, or by calling Service Centre [0800782273]) that the Card has been lost, stolen, or damaged.
  • Then, if you want a new physical Subcard®  to replace the old Card, visit a Subway®  Restaurant and request a new Subcard® without any transactions on it.  Do not scan this Subcard® in-store.  Instead, when you have your new Subcard® number, return to the [Website] and log back into your current Subcard® Account. Now transfer the remaining Reward Dollars, remaining Gift Dollars, and personal details from the old Card to the new Subcard®  by following the prompts.  
  • Alternatively, you can call the Service Centre [0800782273]) to transfer your balances to a new Subcard® .

The Reward Dollars and Gift Dollars transferred to the new Subcard® will keep their original expiry dates.

By clicking "Submit" in the "LOST OR STOLEN" section of https://order.subway.com/en-nz/top-up, you agree that we will permanently freeze your lost, stolen, or damaged Card. This action is not reversible, and you will not be able to collect Reward Dollars on, or use Reward Dollars or Gift Dollars remaining on, the old Card until you have returned to https://order.subway.com/en-nz/top-up with your new Subcard® (without any transactions on it) and have successfully transferred the remaining Reward Dollars, remaining Gift Dollars, and personal details to the new Subcard®.

We may require proof of your identity (including but not limited to photo identification) to freeze the Card, issue a replacement Subcard®, or credit the replacement Subcard® with the Reward Dollars or Gift Dollars remaining on the frozen Card.

This section does not override our rights under these Terms to suspend or cancel a Card, or any Gift Dollars or Reward Dollars loaded on it, of our own accord (see the section “Cancellation or freezing of Cards, Gift Dollars, and Reward Dollars”, under the heading “Suspension or cancellation at our discretion”).

Cancelling or freezing Cards, Gift Dollars, or Reward Dollars

Cards that are copied or tampered with

A Card (including the relevant code, in the case of a virtual card) that is copied, defaced, mutilated, altered, or tampered with or whose operation is interfered with in any way will be void, cannot be loaded with Gift Dollars or Reward Dollars, and cannot be used to buy Subway® Menu Items.

Any Gift Dollars or Reward Dollars loaded on such Cards will generally be forfeited (with no compensation to you). However, in the case of a damaged Card, you can obtain a replacement [Subcard®/ Card] (loaded with Gift Dollars or Reward Dollars to the same value as remained on the damaged Card when it [became void/was cancelled]) if the damaged card was registered in your Name; to obtain this, please [call the Service Centre [0800782273])/follow the steps outlined for a stolen Card in the section “Cards that are lost, stolen, [destroyed,] or used without permission”/]. (However, the ability to replace a damaged registered Card and its remaining value does not apply if we reasonably consider that the Card was damaged in an attempt by you, or involving you, to copy the Card, alter the Card, or interfere with the Card’s operation for a fraudulent or illegal purpose).

Suspension or cancellation at our discretion

We reserve the right to cancel any Card (together with any associated registration or Subcard® Account relating to that Card), Gift Dollars, and Reward Dollars at any time if:

  • the Card, Gift Dollars, or Reward Dollars (as the case may be) was or were incorrectly issued (for example, if your payment for the Gift Dollars was reversed, or if your Card was accidentally loaded with more Gift Dollars or Reward Dollars than it should have been)
  • you breach these Terms
  • we reasonably consider this necessary to prevent or counteract fraud or illegal activity by any person (for example, we can do this if we reasonably suspect or consider that the Card was stolen, or is being used fraudulently or in a money laundering operation).

We can also suspend your Card (together with any associated registration or Subcard® Account relating to that Card), Gift Dollars, and Reward Dollars at any time for as long as we reasonably require if we reasonably suspect that any of the above things has happened or is happening and want to investigate matters to see whether a cancellation is justified.

If we cancel your Card, Gift Dollars, or Reward Dollars in this way, the cancelled Gift Dollars or Reward Dollars will be forfeited and you will not be entitled to any compensation for this (subject to the provision set out in the section “Cards that are lost, stolen, damaged, or used without permission”).

Cancellation by you

You can cancel a Card that is registered with your Subcard® Account by calling the Service Centre on [0800782273]). If you do this, then:

  • the Card will be cancelled and its associated Subcard® Account closed
  • you cannot load any further Reward Dollars or Gift Dollars on the cancelled Card
  • any Reward Dollars and Gift Dollars remaining on the Card when it is cancelled will need to be transferred to a new Subway®  Gift Card.

Changes to these Terms

Changes by us

We can change these Terms at any time if we consider this to be reasonable or necessary. For example, we can change these Terms if we consider the change:

  • necessary or useful to comply with any relevant law, regulatory instrument, or directive or guidance by any regulator or government authority (including due to any changes in it, or in how it is interpreted or applied
  • necessary or useful to improve the functioning of the Subcard®  Programme
  • necessary or useful to enhance any component, or add any new component, to the Subcard®  Programme
  • of a minor or technical nature (for example, to update a rate or a web address)
  • unlikely to substantially prejudice most participants in the Subcard®  Programme.

If we decide to change these Terms, we will give at least 30 days advance notice of this (notice period) by posting the upcoming change on a [ https://order.subway.com/en-nz/top-up]. If the changes are not acceptable to you, you can cancel your Subcard® or Subway® eGift Card within that notice period, in the way described in the section “Cancelling or freezing Cards, Gift Dollars, or Reward Dollars”. By continuing to use a Subcard®, a Subway® eGift Card, a Website, or the Subway® App after the notice period has passed, you accept (and are deemed to accept) the changes to these Terms.

If we change these Terms, the change will take effect on the day we specify. A copy of the revised Terms will be available on [ https://order.subway.com/en-nz/top-up] and in the next update for the Subway® App. 

Automatic modifications

If any part of these Terms is or becomes invalid that will not affect the validity and enforceability of the rest of these Terms.  Instead, the invalid part of these Terms will be cut from these Terms and replaced by provisions that are valid and whose effect is as close as possible to that of the part that has been cut.

Changing, pausing, or ending the Subcard® Programme

Changes due to changes to Terms

If the Terms are changed or modified as set out in the section “Changes to these Terms”, the Subcard® Programme will be changed or modified to the same extent.

New participants

We can close the Subcard® Programme, any scheme that is part of it, or any feature of it at any time (either temporarily or permanently) to any or all new participants.

All participants, including existing participants

Additionally, we can suspend or terminate the Subcard® Programme, any scheme that is part of it, or any feature of it at any time in relation to any or all participants (including existing participants with active Cards, available Reward Dollars, or available Gift Dollars) if we consider this action to be reasonably necessary or prudent, for example, to comply with any relevant law, regulatory instrument, or directive or guidance by any regulator or government authority (including due to any changes in it, or in how it is interpreted or applied.

If we take this action, then to the extent that this will not risk non-compliance with any such law, regulatory instrument, or guidance we will:

  • provide for a reasonable “wash-out period” of at least 3 months during which no new Cards, Gift Dollars, Rewards Dollars, and /or Card registrations (as may be relevant) will be able to be obtained, but existing Cards, Gift Dollars, Rewards Dollars, and /or Card registrations (as relevant) may still be used
  • give at least 30 days advance notice of the suspension or termination, and its effective date, by posting an announcement on a [ https://order.subway.com/en-nz/top-up].

Restrictions on our liability

Statutory liability that cannot be excluded or limited

Nothing in these Terms (including in this section) excludes, restricts, or modifies any right, remedy, or guarantee implied into these Terms, or imposed, by any legislation that cannot lawfully be excluded or limited, including under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.

To the maximum extent permitted by such legislation, our liability for any failure to comply with any such right, remedy, or guarantee is limited to (at our option):

  • in the case of goods: (a) the replacement of the goods or the supply of equivalent goods; or (b) the repair of the goods; or (c) the payment of a reasonable cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired
  • in the case of services: (a) the supply of the services again; or (b) the payment of a reasonable cost of having the services supplied again.

Other liability

To the maximum extent permitted by law, all warranties, conditions, and guarantees that would otherwise be implied into, or applied to, these Terms by law are excluded.

To the maximum extent permitted by law, we do not accept responsibility, and are not liable, for any loss or damage (whether direct, indirect, or consequential) that any person suffers in connection with (or arising in any way from) a Card, use of the Websites, use of the Subway® App, or any other participation in the Subcard® Programme, including but not limited to:

  • any delay in replacing your Card
  • any unauthorised use of, or transactions on or with, a Card, a Subcard® Account, or the Subcard® App
  • any Subway® Menu Item not being available for any reason • any failure to credit you with Reward Dollars
  • any problems or technical malfunction of the Subway® App, a Card, or any network or lines, servers, readers, or providers;
  • the conduct of any Subway® Restaurant
  • any products supplied by Subway® Restaurants (for any problems or disputes concerning a purchase, you need to contact the relevant Subway® Restaurant directly), except to the extent such loss or damage arises from our negligence or wilful misconduct (in which event our liability is limited to compensating you for direct loss or damage only).

Communications

If you need to notify us about something (for example that your Subcard® Account has been compromised, or that a registered Card has been lost or stolen), you must call us on [0800782273] or write to us at [support@contact.subcard.co.nz]. You can also call us at this phone number, or write to us at this email address, if you have any questions about the Subcard® Programme.

Customer verification and monitoring

We are required by law to comply with:

  • the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML Act) or as applicable the conditions of any exemptions from the AML Act
  • other legislation or regulatory requirements, as applicable in operating the Subcard® Programme.

We are in the process of working with external professional to formalise our new AML Act compliance program. When we have more details of this program, we will update these terms and conditions accordingly. This program will include a security system which may flag a transaction for investigation to verify the buyer’s identity before we can complete and fulfil an application or order. If that occurs, we will require evidence of identity (which could be a current Passport or New Zealand driver’s licence) and proof of address (e.g. a copy of a utilities bill, such as for power, gas, or a landline phone). The application or order will be placed on hold for a period while this information is processed. If we do not receive the required information (in a form that satisfies us) within that period, the application or order will be voided (and any payment we have received from you for it will not be processed or will be reversed).

If you on any one occasion, or on successive occasions, want to order multiple Cards loaded with a combined total value of more than $999 (in other words, loaded with more than 999 Gift Dollars on all the Cards taken together), you need to [contact us via email at subcardnz@ipca.biz]. Persons who place such bulk orders will be required to undergo a “customer due diligence” onboarding process in accordance with the AML Act.

Courts and governing legal system

The New Zealand courts have non-exclusive jurisdiction to hear any dispute arising out of, or in connection with, the Subcard® Programme or these Terms.

These Terms are governed by New Zealand law. 

Your privacy

Privacy

We collect personal information from you when you purchase a Subway® eGift Card or register your Subcard® or Subway® eGift Card.  We also collect personal information about you in order to facilitate gifting or sending of a Subway® eGift Card to you. If you do not provide the information which is stated to be mandatory, you will not be able to proceed with the purchase or registration.

If your Subcard® or Subway® eGift Card is registered, we will also collect personal information in the course of your registration and participation in the Subcard® Programme, such as information about purchases using your Subcard® (including as products purchased, date and location of purchase, Reward Dollars earned or redeemed, Gift Dollars purchased or redeemed) including when you use our online ordering service. We collect this information for the purposes of conducting and administering your participation in the Subcard® Programme, administering your Subcard® Account, selling and promoting Subway® products to you and administering your use of our online ordering services. 

How we disclose, use and hold your personal information is set out in our privacy policy, which complements these Terms. Our privacy policy also contains information about:

  • How you can gain access to or seek correction of personal information that we hold about you
  • how you can make a privacy complaint and how we will deal with any such complaint
  • If you have any concerns or queries about the way your personal information is managed by us, you can contact us by email to [subcardau@ipcasiapacific.com / subcardnz@ipca.biz].  

Marketing

By registering your Subcard® or Subway® eGift Card, or providing personal details as a one-time guest for online ordering, you have the option to agree that we and Subway® and participating Subway® Restaurants may send you information, via email or mobile, about Subway® products, special offers, promotions and events that may be of interest to you.  Your agreement is actively sought and, if you agree, will remain in place unless and until such time as you opt out from receiving these communications.

You may opt out from receiving these communications by modifying the communication preferences for your Subcard® Account on the Website ([https://order.subway.com/en-nz/my-details]) or the Subway® App or by using the opt-out/unsubscribe facility in our communications.

If you opt out of receiving these communications, you consent to still receive service-based communications relating to your Subcard® Account, including but not limited to changes to these Terms.

Subway® Online Ordering Terms and Conditions

Subcard NZ Limited (we, us, or our) operates loyalty, payment card, and gift card schemes (Schemes) in conjunction with Independent Purchasing Company (Australasia) Ltd (IPCA), our service providers, and the Subway ® Group which includes: Subway International B.V, Franchise World Headquarters, LLC, Subway Systems Australia Pty. Ltd., Subway Franchisee Advertising Fund Trust B.V. and Subway IP, LLC. To operate these Schemes, we issue Subcards ® and Subway ® eGift Cards (Cards). The Cards can be loaded with notional dollars that can be used to buy Subway ® food and drink items, and that can either be earned under the Subcard® loyalty Scheme or be bought from us. Together, these things make up the Subcard® Programme.

These Subway® Online Ordering Terms and Conditions (Terms) govern your placement of online orders through the Subcard ® Programme, access to, and the use of, any software application to the extent that it is accessed or used in connection with the Subcard ® Programme (Subway® App), and the website located at Order.subway.com/en-nz  (Subway ® Online Ordering Website) (together, “Online Ordering”).

We provide Online Ordering so that you can place an order online with participating Subway ® Restaurants located in New Zealand (“Subway ® Restaurants”). All Subway ® Restaurants are independently owned and operated by Subway ® franchisees.

While we make reasonable efforts to provide accurate and timely information about Online Ordering on the Subway® App and the Subway ® Online Ordering Website, you should not assume that the information provided is always up to date or that the Subway® App and the Subway ® Online Ordering Website contain all the relevant information available.

  1. Access

    Access to Online Ordering is via your user name and password, which is personal to you. You must therefore not allow your user name and password to be used by anyone else and must not permit or assist anyone who is not a registered user to gain access to any part of the Subway® App or the Subway® Online Ordering Website. You can change your password at any time within the 'My Details' page on the Subway® App or Subway® Online Ordering Website.

  2. Placing an order

    After you submit your order on the Subway® App or the Subway® Online Ordering Website, an Order Confirmation summary page will display that you have the option of printing.

    All individual orders require a lead time of at least 15 minutes unless the order is for 5 or more items in which case the lead time is a minimum of 40 minutes. Guests can place an order for maximum of 4 platters for the same day pick up with a minimum lead time of 90 minutes. Guests can place catering orders for more than 4 platters with pick up the next day or maximum 4 weeks in advance.

    If the order is of 15 or more items, guests would be required to call directly to the Subway® Restaurant to place their order. We only accept same day ordering during Subway® Restaurant opening hours. Online order cancellations cannot be made once your order has been placed.

  3. Price and payment

    As each Subway® Restaurant is independently owned and operated, prices may vary from store to store. The price you pay will be clearly indicated as you progress through your order and a final total will be displayed at the completion of your order. What you pay online for orders from a specific Subway® Restaurant may differ from the recommended retail price.

    Price and availability information is subject to change without notice.

  4. Collection and delivery

    You can choose to pick up your order, or have your order delivered (only if the delivery option is offered). If you have chosen to collect your order, you must collect your order from the Subway® Restaurant nominated by yourself at the time of making the order. You may NOT change your nominated Subway® Restaurant once an order has been placed and accepted.

  5. Disputes and refunds

    If a billing error entitles you to a refund, you agree to accept the refund in the form of a credit on the method of payment used to place your order. Except as required by law, cash refunds will not be provided. If you are dissatisfied with the products or services you received from the selected Subway® Restaurant, please contact the Subway® Restaurant that fulfilled your order directly.

  6. Termination

    We reserve the right to terminate your ability to order using Online Ordering immediately without notifying you in advance should you not operate your account or make an order in line with this section of the Terms.

  7. IP protocol addresses and web logs

    The Subway® App and Subway® Online Ordering Website servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit Online Ordering on the Subway® App or the Subway® Online Ordering Website, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any personal information. We use your IP address, and the IP addresses of all users, for purposes such as calculating Online Ordering usage levels, helping diagnose problems with the Subway® App's and Subway® Online Ordering Website's servers, and administering Online Ordering. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition to the non-personal information usage of IP addresses described above we may also record your IP address for fraud prevention purposes.

  8. Copyright and trade marks

    Unless otherwise noted, all materials on the Subway® App and the Subway® Online Ordering Website are protected as copyright works, trademarks and/or other intellectual property owned by us, Subway IP LLC, (“SIP”) or the respective trademark owner.

    Subway® and the Subway® logo are registered trade marks owned and registered by SIP. SIP’s marks on the Subway® App and the Subway® Online Ordering Website represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by SIP or its licensees. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of SIP’s worldwide proprietary ownership rights and SIP may own or control other proprietary rights in one or more countries outside of the United States. All rights not expressly granted are reserved.

  9. Acceptable personal use

    Your use of the materials included on the Subway® App and Subway® Online Ordering Website in connection with Online Ordering is for informational, feedback, coupon redemption, and/or ordering purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from, or exploit the contents of, any such materials in any way.

    You agree not to use the Subway® App or the Subway® Online Ordering Website for any purpose that is unlawful or prohibited by these Terms, or to cause damage on or through use of the Subway® App or the Subway® Online Ordering Website.

    The materials published on the Subway® App and the Subway® Online Ordering Website may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by the SIP. All of the materials available on the Subway® App and the Subway® Online Ordering Website are proprietary and protected by copyright or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

  10. Links

    Please note that the Subway® App and the Subway® Online Ordering Website may contain links to other websites operated by unrelated third parties for your convenience and information. We may or may not control those sites or their privacy practices, which may differ from our privacy practices. We do not endorse or make any representations about third party websites. The personal information you choose to give to unrelated third parties is not covered by our privacy policy and you are encouraged to review the privacy policy of the company or website before submitting your personal information to that company or website. Some third parties may choose to share their personal information with us and; that sharing is governed by those third parties’ privacy policy.

  11. Indemnification

    You agree to indemnify, defend and hold harmless SIP, the Subway® Group, IPCA and us from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable legal fees arising out of, or in connection with your violation of this section of the Terms as well any claims arising from any unauthorized uses you may make of the materials or any other material on the Subway® App or the Subway® Online Ordering Website.