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LAST REVISED: 08-20-15

Table of Contents

  1. Acceptance of Terms of Use
  2. IP Protocol Addresses and Web Logs
  3. Children & Data Collection
  4. Copyrights & Trademarks
  5. Materials & Acceptance
  6. Privacy Statement
  7. Feedback & Submissions
  8. Restrictions on Use
  9. Links
  10. Disclaimer
  11. Limitation on Liability
  12. Indemnification
  13. Choice of Law & Dispute Resolution
  14. No Assignment
  15. Severability
  16. No Waiver
  17. Headings
  18. Complete understanding
  19. Contact

Acceptance of Terms of Use

PLEASE CAREFULLY REVIEW THESE TERMS OF USE FOR THIS WEBSITE.

Ripe Solutions Pty Ltd ("Ripe") operates and hosts the Website (the "Website") located at: www.subway.co.nz, whose servers are based in Australia. The content of: www.subway.co.nz, including updates to the consumer content, is managed by Ripe and SFAFT BV.

Ripe is a service provider which provides advertising and other services to SFAFT BV.

Doctor’s Associates Inc. ("DAI"), owns the trade name and service mark SUBWAY®, the recipes, formulas, food preparation procedures, business methods, business forms, and business policies. DAI is the franchisor of the SUBWAY® system for the USA and its territories, and does business as "SUBWAY", as well as, licenses the SUBWAY® trademark and SUBWAY® Restaurant System to its affiliates in order to develop SUBWAY® restaurants worldwide.

Ripe and SFAFT BV may share information, including Personal Information with DAI, its affiliates, the SUBWAY® franchisors including, but not limited to: Subway International B.V. ("SIBV") the franchisor of the SUBWAY® system for Europe (and the rest of the world, outside of the United States, Australia, Canada, Colombia, Brazil, South Africa, and India), Subway Systems Australia Pty Ltd ("SSA"), Subway Franchise Systems of Canada, Ltd. ("SFSC"), Subway Partners Colombia C.V. ("SPCCV"), Subway Systems do Brasil Ltda. ("SSB"), Sandwich and Salad Franchises of South Africa Pty Ltd. ("SSFSA"), and Subway Systems India Private Limited ("SSIPL"). PT Subway Systems Indonesia ("PTSSI") is a service company which provides business related services exclusively to Indonesia’s SUBWAY® franchisees, for and on behalf of SIBV, the franchisor for Indonesia. FWH, DAI, SIBV, SSA, SFSC, SPCCV, SSB, SSFSA, SSIPL, and PTSSI are collectively referred to herein as the "SUBWAY® Group".

The SUBWAY® Group, is affiliated with the following companies that may provide goods, services, or both to the SUBWAY® Group, SUBWAY® franchisees, SUBWAY® affiliates, or SUBWAY® affiliates’ franchisees:

The SUBWAY® Group, may share information, including Personal Information with FWH Technologies, LLC ("FWHT"), the owner and licensor of the SubwayPOS™ software, which has been approved for use in SUBWAY® restaurants worldwide, and Franchisee Shipping Center Co., Inc. ("FSCC"), which offers various advertising, promotional, and operational materials to SUBWAY® franchisees.

The SUBWAY® Group may share information, including Personal Information with the SUBWAY® Group’s advertising affiliate, Stichting Admininistratiekantoor Subway Franchisee Advertising Fund Trust, which is a Netherlands Foundation (the "SFAFT Foundation"). The SFAFT Foundation determines how the SUBWAY® franchisees advertising contributions should be allocated, and creates the spending policies and procedures with respect to the promotion of the SUBWAY® brand in all regional and local markets, for the benefit of the SUBWAY® franchisees, as well as the SFAFT Foundations affiliates, who operate as the advertising entities for the benefit of the SUBWAY® franchisees worldwide, which includes, but is not limited to: Subway Franchisee Advertising Fund Trust, Ltd. ("SFAFT"), Subway Franchisee Advertising Fund Trust, B.V. ("SFAFT BV"), Subway Franchisee Advertising Fund of Australia Pty. Ltd. ("SFAFA"), Subway Franchisee Advertising Fund of Canada, Inc./Le Fond De Publicité Des Franchisés Subway Du Canada Inc. ("SFAFC"), Subway Franchisee Canadian Advertising Trust ("SFCAT"), Subway Systems Singapore Pte. Ltd. ("SSSPL"), Subway International De Mexico, S.A. de C.V., Subway Franchisee Advertising Fund Trust B.V. Sucursal Argentina, Subway Systems do Brasil Ltda., Subway Brand Management & Consultant (Shanghai) CO. LTD., Subway Partners Colombia C.V., Subway Systems India Private Limited, Subway International B.V. (Taiwan Branch), and Subway Realty de Venezuela, C.A., The FAF Group administers national and local advertising funds and activity for SUBWAY® restaurants and SUBWAY® franchisees worldwide. The above advertising entities are collectively referred to herein as the "FAF Group".

BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE ("TERMS OF USE"). YOU CONSENT TO RECEIVE REQUIRED NOTICES (IF ANY) AND YOU ATTEST THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. THESE TERMS OF USE CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT FWH’S LIABILITY TO YOU. YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE, OR USE THIS WEBSITE.

Ripe and SFAFT BV may change these Terms of Use at any time in their sole discretion. The modified Terms of Use will be effective immediately upon posting and, by continuing to use the Website, you agree to the new posted Terms of Use. You are responsible for staying informed of any changes. If you do not agree to the new posted Terms of Use, your only remedy is to discontinue use of the Website.

While Ripe and SFAFT BV make reasonable efforts to provide accurate and timely information about the SUBWAY® Brand on the Website, you should not assume that the information provided is always up to date or that the Website contains all the relevant information available.

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IP Protocol Addresses and Web Logs

This Website's web 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 the 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 Website usage levels, helping diagnose problems with the Website's servers, and administering the Website. 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.

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Children & Data Collection

This website is not targeted towards individuals who have not reached their age of majority for your geographical area. The age of which an individual is no longer considered a minor varies from country to country. If you are unsure what the age of majority is for your country, please check with an adult to find out if you may still be considered a minor. Ripe and SFAFT BV understand that a minor may still try to contact Ripe and SFAFT BV and in so doing may voluntarily provide Personal Information. If you are a minor under the age of majority, PLEASE DO NOT submit any Personal Information about yourself on this website WITHOUT GETTING PERMISSION FROM YOUR PARENT(S) OR GUARDIAN(S) FIRST.

Children’s privacy is very important to Ripe and SFAFT BV.

Children’s privacy is very important SFAFT BV. SFAFT BV an affiliate of the SUBWAY® Group, whose servers are located in the USA, adheres to the United States Children's Online Privacy Protection Act ("COPPA"), a United States Federal Law. The Federal Trade Commission ("FTC") has the authority to issue regulations and enforce COPPA, which applies to websites and online services operated for commercial purposes that are directed at, and are collecting Personal Information from children under thirteen (13) years of age. COPPA explains what a website operator must include in their Privacy Statement, what responsibilities a website operator has to protect children's privacy and safety online, including restrictions on marketing to those under thirteen (13) years of age, it also requires that we inform parents and/or legal guardians how we collect, use, and disclose Personal Information from children under thirteen (13) years of age, as well as, how to obtain verifiable consent from a parent in order for children to use certain features of on a website. SFAFT BV will not knowingly allow anyone under thirteen (13) years of age to provide us with any Personal Information about themselves (such as their names, email address, and phone number) over the Internet. If a child has provided SFAFT BV with Personal Information without the consent of a parent, we ask the parent of that child to contact SFAFT BV’s Privacy Officer immediately at: privacyofficer_nz@subway.com, or the SUBWAY® Group’s Privacy Officer at: privacyofficer@subway.com. We will use all reasonable efforts to promptly delete the child's Personal Information from our servers. Please note, that when we use the term "parent", we mean to include legal guardians.

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Copyrights & Trademarks

Unless otherwise noted, all Materials on the Website are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned, licensed or used by SUBWAY® Group and FAF Group. SUBWAY® and the SUBWAY® logo are registered trademarks and service marks owned and registered by DAI. DAI’s marks on the Website represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by DAI 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 DAI or its licensee’s worldwide proprietary ownership rights, and DAI may own or control other proprietary rights in one or more countries outside of the United States. All rights not expressly granted are reserved.

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Materials & Acceptance Use

The ("Materials") on this Website include, but are not limited to; SUBWAY® Restaurant Location Information, Menu & Nutrition Information, Catering Information, , Company Contact Information, Company History, News, FAQ’s, Career Information and SUBWAY® Franchise Information. Franchise Information on the Website does not constitute an offering for the sale of a franchise. Such offering is only commenced by the delivery of the Franchise Disclosure Document to you in compliance with the laws regulating the sale of franchise opportunities.

You will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or cause damage on or through use of the Website. You agree that none of your communications with or through the Website will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations. You agree that none of your communications with or through the Website will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.

The Materials published on the Website may not be copied or distributed, modified, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by SFAFT BV. All of the Materials available on the Website are proprietary and the subject of copyright, author’s rights 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. You agree not to create any kind of derivative works from, or exploit the Materials of the Website in any way.

You agree that the unauthorized use of the Materials could cause irreparable harm to SFAFT BV, and that in the event of an unauthorized use, SFAFT BV, shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.

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Privacy Statement

To find out more about Ripe’s privacy practices and procedures, please see the SUBWAY® Online Privacy Notice located at: http://www.subway.com/subwayroot/PrivacyNotice.aspx. Except where other notices or consents are required by law, by accessing, browsing, and/or using the pages or services posted on this Website, you agree to FWH’s Privacy Statement and to the collection, use, and disclosure of such Personal Information and any submissions in accordance with FWH’s Privacy Statement located at: http://www.subway.com/subwayroot/PrivacyPolicy-FWH.aspx.

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Feedback & Submissions

Your submissions, feedback and comments ("Submissions") are entirely voluntary, non-confidential, and gratuitous. You agree you are, and shall remain, solely responsible for the contents of any Submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.

Ripe and SFAFT BV appreciate your interest, however, do not want, and cannot accept, any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Therefore, you grant to DAI and its designees a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use any ideas, expression of ideas or Submissions without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the Submission, and all rights therein, in the name of the DAI or its designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant and agree that any and all "moral rights" pertaining to any copyrighted materials have been waived.

By making a Submission, you acknowledge and agree that DAI, and their designees may create on their own or obtain other Submissions that may be similar or identical to the Submission you submit. You hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any Submission accepted, reviewed and/or used by DAI, or their designees is similar to your Submission.

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Restrictions on Use

Materials from the Website may not be copied, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal browsing without prior written consent of Ripe and SFAFT BV . Proprietary information remains the sole property of DAI. The Materials on the Website are provided for lawful purposes only and any other use or modification of the Materials found on the Website violates the intellectual property rights of DAI. DAI retains full and complete title and intellectual property rights to all Materials. You may not reproduce, sell, repost, modify, or convert any Materials on the Website in any manner inconsistent with these Terms of Use.

You agree the following kinds of conduct are illegal and/or prohibited on the Website. Prohibited activities include, but are not limited to, the following: (a) using the Website for any purpose intentionally or unintentionally, in violation of any applicable, local, state, federal, provincial, national, or international laws and/or regulations; (b) posting or transmitting through the Website any information, data, text, files, links, software or other materials that FWH, consider to be unlawful, obscene, defamatory, pornographic, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity or that constitutes cyber-harassment or cyber stalking as determined by Ripe and SFAFT BV, in their sole discretion; (c) posting content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; (d) posting URLs to external Websites or any form of HTML or transmitting executable programming of any kind, including viruses, spyware, Trojan horses or similar programs; (e) posting or transmitting anything that may be spam, direct marketing communications or any unsolicited advertising, promotional or commercial content; (f) impersonating another person when using the Website, posting any content or Personal Information or attempting to conceal or misrepresent the identity of the person making the Submission or the origin of any Submission or allowing any other person or entity to use your identification for posting, viewing comments or using the Website; (g) harvesting or otherwise collecting information about others, including e-mail addresses; and (h) encouraging other people to engage in any prohibited activities as described herein. FWH, reserves the right to investigate and take appropriate legal action against anyone who, in their sole discretion, engages in any of the prohibited activities.

You agree that Ripe and SFAFT BV, reserves the right but are not obligated to do any or all of the following: (a) investigate an allegation that any Submission posted on the Website does not conform to these Terms Of Use and determine in their sole discretion to remove or request the removal of any Submission; (b) remove any Submission which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use; (c) terminate a user's access to the Website; (d) monitor, edit, or disclose any Submission on the Website; or (e) edit or delete any content posted on the Website, regardless of whether such content violates these Terms of Use.

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Links

Please note that this Website: www.subway.co.nz may contain links to other websites for your convenience and information. Ripe and SFAFT BV do not control those websites or their privacy practices, which may differ from www.subway.co.nz. SFAFT BV’s Privacy Statement cannot and does not apply to external websites. SFAFT BV does 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 the SFAFT BV Privacy Statement. SFAFT BV encourages you to review the Privacy Policy of any company or website before submitting your Personal Information. Some third-parties may choose to share their Personal Information with SFAFT BV; that sharing is governed by that third-party company’s Privacy Policy, not , SFAFT’s Privacy Statement.

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Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS, ALL CONTENTS, MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. FWH, DO NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FWH, DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS WEBSITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF FWH, ARE AWARE OF THEM.

By applying to become a SUBWAY® franchisee, a prospective franchisee consents to the collection, use, and disclosure of Personal Information in accordance with the following terms and conditions. We collect and use Personal Information in order to assist a prospective franchisee in applying to become a SUBWAY® restaurant franchisee and to assist the SUBWAY® Group in selecting franchisee candidates.

Personal Information collected from prospective franchisees include, but is not limited to: name, address, telephone number, facsimile number, email address, date of birth, citizenship, educational background, criminal background, bank account information for Electronic Funds Transfer, financial statement, litigation history, and taxpayer identification number. Failure to provide requested Personal Information may negatively impact a prospective franchisee’s ability to become a franchisee. Once a prospective SUBWAY® restaurant franchisee becomes a franchisee, they may then reference themselves by their Franchise Agreement Number. In order to better service franchisees, a franchisee’s Personal Information may be shared between DAI and its affiliates within the SUBWAY® Group, pursuant to the service contracts between them.

In order to effectively implement the SUBCARD® and to provide purchasing services to members, a franchisee’s Personal Information may be shared with an independent purchasing cooperative or other independent third party. The Personal Information shared with the independent purchasing cooperative shall include, but will not be limited to: name, address, credit card information, and other related information necessary for billing purposes, such as a mailing address for credit card validation, and bank account information, you provided to your franchisor to establish your pre-authorized account for the payment of royalties, advertising fees, and other charges. Subject to a franchisee’s agreement with the independent purchasing cooperative, the independent purchasing cooperative may bill a franchisee’s bank account for fees and other costs associated with the SUBCARD® Program. If a franchisee does not wish to disclose this information, they must notify the Privacy Officer in writing as described in the section titled "Contact Information" below.

A franchisee and/or prospective franchisee’s information may be shared with the SUBWAY® Development Agent in their area. A Development Agent is an independent contractor of the franchisor. The Development Agents assist with franchise sales, site location, service franchisee leasing needs, provide operational assistance and related administrative functions, training to the franchisee. Development Agents also make recommendations as to whether a prospective franchisee in their territory should be granted a franchise. The Development Agent may use this information to: address a franchisee’s concerns in a customer complaint, respond to a franchisee’s inquiries for franchise sales, franchisee Personal Information may be shared during store transfers, and any other inquiry which may require a response. Franchisee Personal Information may also be shared with entities of FAF Group in order to provide advertising services to franchisee’s restaurants.

Finally, upon becoming a SUBWAY® franchisee you consent to your franchisor disclosing former or past franchisee contact information including Personal Information in its Disclosure Document for one (1) year after leaving the system, as required by law, unless you advise otherwise. Contact our Privacy Officer in writing, either by email or regular mail received, of your desire to not have your details or contact information disclosed, corrected or changed when you sell or transfer your SUBWAY® store, or exit the SUBWAY® system (whether by termination or otherwise). To contact the Privacy Officer, please see the section provided below entitled "Contact".

Ripe and SFAFT BV cannot and do not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

SUBWAY® franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those of Ripe and SFAFT BV.

Except as described otherwise, all materials in the Website are made available only to provide information about SUBWAY® restaurants. Ripe controls and operates this Website from its offices in Australia for New Zealand and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations you are responsible for compliance with applicable local laws.

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Limitation on Liability

YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE WEBSITES IS TO DISCONTINUE YOUR USE OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RIPE, SFAFT BV, AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE) AND THE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS OF FWH, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIAL ON SUCH WEBSITES, OR USE OF ANY SUBMISSION, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE.

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT FWH’S LIABILITY IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RIPE’S AND SFAFT BV’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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Indemnification

You agree to indemnify, defend and hold harmless Ripe and SFAFT BV, from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys' fees arising out of, or in connection with your violation of these Terms of Use as well any claims arising from any unauthorized uses you may make of the Materials on the Website.

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Choice of Law & Dispute Resolution

Access to and use of the Site and these Terms and Conditions are governed by the law of New Zealand, without giving effect to any conflicts of law or choice of laws principles or New Zealand Federal Law. Any controversy or claim arising out of or relating to this Site or the breach of the Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally settled by binding arbitration in accordance with the Arbitration Rules of the New Zealand Dispute Resolution Centre (NZDRC) for the time being in force at hearing to be held in Auckland, New Zealand or such other location in New Zealand designated by the NZDRC, and judgment upon an award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The commencement of arbitration proceedings by an aggrieved party to settle disputes arising out of or relating to this Site is a condition precedent to the commencement of legal action by either party. Each party will be responsible for their own costs in conjunction with the arbitration action. If either party commences action in any court prior to an arbitrator's final decision on the controversy or claim, then the party so commencing the action shall be responsible for all expenses incurred by the parties in the arbitration and the court proceedings whether or not they are the prevailing party. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available. This dispute resolution clause shall not limit the SUBWAY® Group or the FAF Group’s right to seek an injunction from the appropriate court or agency in law or equity for any breach of these Terms and Conditions

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No Assignment

You may not transfer or assign in any way any of your rights or obligations under these Terms of Use. Any such transfer or assignment shall be null and void.

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Severability

If any provision of these Terms of Use or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms of Use and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

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No Waiver

Ripe and SFAFT BV’s failure to insist upon or enforce strict compliance with any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

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Headings

The headings for each of these Terms of Use are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms of Use.

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Complete Understanding

These Terms of Use, and Privacy Statement located at: http://www.subway.com/subwayroot/privacyNotice.aspx, constitute the entire understanding between Ripe, SFAFT BV, and you with respect to your use of the Website. Online menu and catering orders through www.subwayexpress.co.nz. which you may link to through the Website are operated by Altaine Ltd.. The SUBCARD® program which you may link to through the Website is operated by[JM1]Subcard® NZ Limited.

You should review the Terms and Conditions and Privacy Policy on those sites.

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Contact

If you would like to submit a request or you have any questions or privacy concerns, please contact SFAFT BV’s Privacy Officer at:

SFAFT BV Privacy Officer

C/o Subway Franchisee Advertising Fund of Australia Pty Ltd,

Level 1, 42 Amelia Street,

Fortitude Valley, QLD 4006,

AUSTRALIA.

Telephone Number: (07)3216 0665 or Toll Free in Australia 1800 630 355

Facsimile: (07)3852 4081

Email Address: privacyofficer_nz@subway.com

The Privacy Officer for the SUBWAY® Group can be contacted at:

SUBWAY® Group Privacy Officer

C/o Franchise World Headquarters, LLC

325 Bic Drive

.

Where allowed by law, you may also use the above email or postal address to request access to Personal Information held about you by SFAFT BV. Such requests will be processed in line with local laws, where it is legally permissible to do so. There may be circumstances where SFAFT BV is unable to provide access, including but not limited to: where the information contains legal privilege, is a security risk, would compromise others’ privacy, or where it is commercially proprietary. You may also ask SFAFT BV to update Personal Information we hold about you where you believe it is incomplete, inaccurate or out of date.

SFAFT BV will address your concerns and attempt to resolve any privacy issues in a timely manner. If necessary, the Privacy Officer will contact another individual to assist in completing your requested task.

Or, if you prefer, you can download the Privacy Information Request Form located at: http://www.subway.com/subwayroot/InfoRequestForm.pdf.

Ripe Solutions' privacy policy can be downloaded here.


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