Subcard NZ Limited ("SNZ") provides services and support to SUBWAY® (as defined at the end of these terms and conditions), including the E-Gift Cards available through its website http://www.subway.co.nz/e-giftcards ("the website").
By purchasing, registering or using an E-Gift Card you agree to these terms and conditions (“terms and conditions”). If you allow another person to use or take possession of your E-Gift Card, you must inform that person that they will be bound by these terms and conditions. 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 E-Gift Card.
E-GIFT CARD PURCHASE
You can purchase an E-Gift 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 E-Gift Card, you hereby confirm that the recipient consents to receiving that E-Gift Card from us at your nominated email address.
At the time of your purchase you must nominate a value up to NZD$1,000 you wish to load on to the E-Gift Card ("E-Gift Card credit"). You are responsible for checking that the value loaded onto your E-Gift Card is correct at the time of purchase.
Your order for an E-Gift Card will be submitted by completing the required details and clicking the 'submit' button. The E-Gift card will then be sent to your nominated email address.
You are able to reload your E-Gift Card with additional credit in-store at any time.
E-GIFT CARD EXPIRY
You have the right to redeem your E-Gift Card credit for SUBWAY® products for a period of two years from the date the E-Gift Card was purchased.
You will not be able to use your E-Gift Card once it has expired.
REDEEMING E-GIFT CARDS
You do not need to register your E-Gift Card in order to use it. Simply present your valid E-Gift Card at any SUBWAY® restaurant to use your available E-Gift Card credit to purchase SUBWAY® products.
Your E-Gift card credit is non-refundable, except in accordance with your legal rights. Your E-Gift card has no cash redemption value and cannot be exchanged for cash. You cannot use your E-Gift Card o redeem any goods or services other than SUBWAY® products. You cannot use your E-Gift Card to purchase SUBWAY® products outside of New Zealand. E-Gift Cards will be void and will not be redeemable if they are defaced, mutilated, altered or tampered with in any way. SNZ may subject E-Gift Cards to verification and security checks in its absolute discretion.
EARNING SUBWAY REWARD DOLLARS
You may earn SUBWAY® Reward Dollars every time you make a purchase at a SUBWAY® restaurant and scan your E-Gift Card at the cash register.
The rewards value for calculating SUBWAY® Reward Dollars may change from time to time without prior notice to you.
You will not earn any SUBWAY® Reward Dollars in respect of:
- the initial purchase of your E-Gift Card;
- the purchase of SUBWAY® products using existing SUBWAY® Reward Dollars; or
- the purchase of SUBWAY® products prior to you presenting your E-Gift Card.
If you return a product or receive a refund on a product, we reserve the right to reverse the SUBWAY® Reward Dollars earned for the original purchase.
REDEEMING SUBWAY® REWARD DOLLARS
You must register your E-Gift Card before you can redeem SUBWAY® Reward Dollars. You do not need to register your E-Gift Card in order to collect SUBWAY® Reward Dollars.
There are three ways to register your E-Gift 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 E-Gift Card] or
- call 0800 78 22 73, and register with a SUBWAY® representative.
You must redeem your SUBWAY® Reward Dollars only for approved SUBWAY® products. You must have a minimum balance of three (3) SUBWAY® Reward Dollars on your E-Gift Card and your E-Gift Card must be registered before you are eligible to redeem your SUBWAY® Reward Dollars for approved SUBWAY® products.
Reward Dollars cannot be redeemed can be viewed 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 SUBWAY® Reward Dollars from your E-Gift Card when you redeem SUBWAY® Reward Dollars for approved SUBWAY® products.
SUBWAY® Reward Dollars cannot be transferred to any other reward programme.
E-GIFT CARD CREDIT BALANCE
Details of your remaining E-Gift Card credit and SUBWAY® Reward Dollars, if any, will appear on your receipt each time you make a purchase using your E-Gift Card at SUBWAY® restaurants.
OWNERSHIP OF THE E-GIFT CARD
Your E-Gift Card is the property of SNZ. You must not copy or reproduce your E-Gift Card or interfere with its operation in any way.
Your E-Gift Card is personal to you. You must not on sell your card or assign any of your rights or obligations under these terms and conditions.
LINKING YOUR E-GIFT CARD
Once your account has been registered, you may link your E-Gift Card credit with the SUBCARD® loyalty programme. 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 E-Gift card with the SUBCARD® loyalty programme including both the virtual and physical SUBCARD®, you also agree to the SUBCARD® terms and conditions which can be found [here].
(1) VIRTUAL SUBCARD®
To link your E-Gift 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 E-Gift Card 16 Digit Number and Access code.
Your E-Gift Card will then link to the same records, which are updated in real time. You can use either the E-Gift 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 E-Gift Card isn’t registered yet, and you try to link with a virtual card, you’ll be prompted to register your E-Gift Card.
(2) TRADITIONAL SUBCARD®
To link your E-Gift card with a physical SUBCARD®, you must already have a registered SUBCARD account, simply log in by visiting www.subway.co.nz/subcard and then select "Combine Cards", this process will take approximately 48 hours to update.
LOST OR STOLEN E-GIFT CARDS
We will not accept liability for E-Gift Cards which are lost, stolen, destroyed or used without permission.
We will only replace the remaining balance on a lost, stolen or destroyed E-Gift Card if your E-Gift Card has been registered with us as lost, stolen or destroyed.
Provided your E-Gift Card was registered, we will freeze the remaining SUBWAY® Reward Dollars and E-Gift Card credit from the time that you report to us (by logging on to the Site and clicking on the "LOST OR STOLEN" tab or calling 0800 78 22 73) that your E-Gift Card is lost, stolen or destroyed.
We may require proof of your identity (including photo identified caption) to freeze SUBWAY® Reward Dollars and your E-Gift credit, replace an E-Gift Card, or credit a replacement E-Gift Card with previously earned SUBWAY® Reward Dollars or a previously loaded E-Gift Card credit. The replacement or credit of an E-Gift Card is at SNZ's sole discretion.
RIGHT TO TERMINATE, CANCEL OR REFUSE A TRANSACTION
We may terminate this agreement, cancel your E-Gift Card, or refuse a transaction if we suspect the E-Gift 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 E-Gift Card then you must cooperate with us, the police or any other authorised body if this is required.
Where we cancel your E-Gift Card, any unused SUBWAY® Reward Dollars or E-Gift Card credit will be valid for three months from the date of cancellation, after which any unused SUBWAY® Reward Dollars or E-Gift Card credit will expire. The three month validity period does not apply to an E-Gift Card which is lost, stolen or destroyed. You can cancel your E-Gift Card by writing to PO Box 8193, Symonds Street, Auckland, 1150. Where you cancel your E-Gift Card, any unused SUBWAY® Reward Dollars or E-Gift Card credit will expire immediately.
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 E-Gift Card or use of this website, including but not limited to:
- any delay in replacing your E-Gift Card;
- any unauthorised use of your E-Gift Card;
- any approved SUBWAY® product not being available for any reason;
- any failure to credit you with a E-Gift Card credit;
- any problems or technical malfunction of E-Gift 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 E-Gift 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 E-Gift Card or use of this website, to the fullest extent permitted by law.
You acknowledge and agree that all decisions pertaining to E-Gift 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 E-Gift 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®").