SUBCARD® LOYALTY SCHEME TERMS AND CONDITIONS
The Subcard® loyalty scheme (“Subcard®”) operated and managed by Eat Commerce Limited by guarantee. (“Eat Commerce”). registered in England and Wales at 40 Oxford Road, High Wycombe, Buckinghamshire HP11 2EE, UK under the number 06257445.
Subcard® is operated and managed by Eat Commerce Ltd which is a subsidiary of the European Independent Purchasing Company Ltd. (trading as IPC Europe) whose members are comprised of subway franchisees. (we will refer as “Eat Commerce” or “IPC Europe” independently or together as “we” “us, or “our”).
Note that Subway® group is a different company which comprises the following affiliated entities: All these entities are collectively referred to herein as “Subway®”. Subway® will share Personal Data amongst themselves, also Eat commerce, IPC Europe and Subway share Personal Data amongst themselves. For more information about Subway and its affiliates, please read the Subway® website clicking the following link http://www.subway.com/en-gb
For more information regarding how we share your Personal Data please read the Privacy Notice.
1. Term of use
The terms and conditions (“Terms”) apply to this website www.subcard.subway.co.uk (“Site”). By accepting and continuing using the Site, the mobile application, participating in the scheme and using/registering your Subcard® card (“Card”) you accept the Terms. If you do not agree to these Terms, please immediately exit the Site and do not browse or use this Site These Terms are a binding contract.
To join Subcard®, you must either register the Card which you can find by asking in any selected Subway® stores or downloading the Subcard® mobile application (“Subcard® App”) from Google Play store or Apple App store.
To become a Subcard® member you must be a resident in one of the following countries: United Kingdom (UK), or Republic of Ireland (ROI) and you must also be older than 18 years old.
Children under the age of 18 are not allowed to participate of the Subcard® for more details, please visit our Privacy Notice.
You cannot assign, sub-license or otherwise transfer any of you right under these Terms.
Prizes and competitions
There may be prize promotions, draws competitions, prizes giveaway or other promotional activity (“Promotion”) contained on the Site or promoted by Subway® group. The Promotions shall be governed by the particular terms and conditions for that Promotion. We recommend you to first read them. If you choose to participate.
We may also share your details with a third-party company which participates in the Promotion which may provide the prize for the winner. If you wish to know the details of the third-party companies, please read the privacy notice of the event before participating. If you win, we may contact you by phone or email to let you know about the prize that you won.
NOTE that you can opt out at any time by logging in and clicking and changing your preferences in the consent center.
You are responsible and warrant that you are at least 18 years old and that you have the legal authority to agree to these Terms and enter into this site in accordance with these Terms herein. We encourage the supervision of minors under your guardianship. If you believe a child under 18 may have voluntarily provided Personal Data, please contact us to Support Desk email@example.com and we will take all reasonable actions to delete such information in accordance with the applicable law. You also warrant that all information provided is true and accurate, any false or fraudulent information is your responsibility and we reserve the right under our sole discretion to cancel or suspend your account at any time if you breach these Terms.
We do not collect children’s data, for more information, please visit our Privacy Notice.
3. The Card
The Card is issued by and remains the property of Eat Commerce. Eat Commerce reserves the right at all times in its absolute discretion and without notice not to issue Cards and to either amend these Terms or to terminate, withdraw or cancel Cards including withdrawing or cancelling the Subcard® App and/or any points which may have been collected.
Only the person who has applied and registered for the Card can use it. Only one Card will be issued per Subcard® member. To register your Card please visit https://subcard.subway.co.uk and follow the instructions. The Card is non-transferable and can only be used at participating Subway® stores for your own use.
The Card is a loyalty card and is not and cannot be used as any form of credit card, guarantee card or proof of age or identity.
4. Subcard® app
The Subcard® App is offered as part of Subcard® and is only available on compatible mobile phones.
The Subcard® App will allow a compatible mobile phone to display a QR code which may be used to collect points in place of a standard Card.
Eat-Commerce reserves the right to block any user of the Subcard® App at its sole discretion in the event the user is not complying with these Terms.
Points will be awarded as follows:
- Non-Registered Subcard® members: when a Card is not registered,points will be earned at the rate of 1 point for every 20 pence spent when purchases are made in the UK and at the rate of 1 point per 30 cents spent when purchases are made in ROI;
- Registered Subcard® members: when the Card is registered with the Site or Registered Subcard® App (after activating the account by clicking the link in the email sent by us) Points will be earned at the rate of 1 point for every 10 pence spent when purchases are made in the UK and at the rate of 1 point per 15 cents spent when purchases are made in ROI (« Standard Points »);
- Double Points: where a Card or Subcard® App is registered and triggered (in accordance with paragraph below), and the card is scanned for purchases twice within a 7 (seven) day period, points will be earned at the rate of 2 points for every 10 pence spent when purchases are made in the UK and at the rate of 2 point per 15 cents spent when purchases are made in ROI (« Double Points »).
Registered Subcard® member will be eligible to earn Double Points: a Card or Subcard® App is triggered when a Subcard® member makes 2 purchases in a 7 (seven) days period. The first purchase for which a Card or Subcard® App is scanned will not be included, nor will any subsequent purchases made on that day. A Subcard® member must make at least one purchase within 7 (seven) days of their most recent purchase to earn Double Points and then continue to make at least one purchase within 7 (seven) days of their most recent purchase to maintain Double Points. A Subcard® member will stop earning Double Points if they do not continue to make purchases within 7 days of each other and will return to earn Standard Points. Double Points will be triggered again as soon as a Subcard® member makes two purchases within a 7 (seven) day period as provided for in this paragraph.
First registration: A Subcard® member will earn double points within the 28 days from the first registration on every purchase. After the initial 28 days following registration a Subcard® member will earn at the Standard Points and Double Points rates (when Triggered) as set out above. Points earned prior to registration of the Card or Subcard® App will not be retrospectively updated or ‘topped up’.
The Card or Subcard® App must be scanned at the point of purchase to earn the points, and Double Points will not be awarded retrospectively where a Subcard® member fails to present the Card or Subcard® App for any transaction.
Eat Commerce reserves the right to change the amount and value of points awarded in the UK and/or ROI at any time, on 14 days’ notice by any electronic means. However, all points collected up to the date of the rate change can be redeemed in accordance with these Terms.
Some promotional offers may not be able to be used in conjunction with the Standard Points issue rates, this will be at the discretion of Eat Commerce. Double Points can be earned alongside Subsquad® points but may not be used in conjunction with any other offer. Subsquad® points will not be doubled.
Points may be awarded on purchases made in Subway® stores and may be redeemed against products available in Subway® stores as advertised from time to time and it may change. Points can only be added or redeemed upon presentation of your Card or Subcard® App at the checkout when paying for a transaction. Please note points cannot be redeemed until you have registered your Card or activated you Subcard® App in accordance with “Registered Subcard® members” ‘clause 5 defined above.
Points cannot be exchanged for cash.
The Subcard® member can collect up to 5000 points at any time. Subcard® reserves the right at all times in its absolute discretion and on reasonable notice by any electronic means to raise or lower the maximum limit of points allowed to be held. Any points in excess of the imposed limit may be lost.
Subcard® shall be entitled to set a limit on the number of points which may be awarded to each Subcard® member in respect of special promotional items on which additional points are awarded.
Subcard® shall be entitled at any time to cancel points awarded if the relevant products to which such award relates are returned or cancelled for any reason and a refund of the purchase price is given.
Neither your Subcard® membership nor your Card has a fixed expiry date, however if you have not made any purchases for 12 months or more, any points attributed to your membership and/or Card will expire and your balance will be reset to zero. You can register a new replacement Card or continue to earn new points on your existing card.
6. Lost or stolen Card or mobile phone.
If you lose your Card or if it ceases to work for any reason Subcard®, at its sole discretion, may replace your Card. Once you have registered your new Card, your collected points may be transferred to the new Card (subject to the usage requirements at paragraph 5 above); thereafter, the original Card will cease to work. If you lose your mobile phone or the Subcard® App ceases to work, the Subcard® App can be re-downloaded and providing you re-activate the account with your original email address your points will be transferred to your new Subcard® App.
Subcard® will not be liable for lost, stolen or damaged Card or/and it cannot guarantee that prizes, rewards, offers or promotions will be available for accounts with missing Card or problems with the Subcard® App.
As soon as you find out about the stolen Card, you must let us know, please send us an email Support Desk firstname.lastname@example.org. It may happen that you lose your Card without noticing and the Police contacts us querying about Subcard® member ‘s details. Therefore the Support Desk asks the Police to send an email with the Police data request form attached to verify the veracity of the request and Subcard® member identity. Once the information is confirmed, the Support Desk contacts the Subcard® member to inform them of the situation and close the enquiry.
To create a new Subsquad® you should insert a Squad name (between 3 and 30 characters long) and invite 1 to 8 friends to join your team (“Squad”). Subsquad® allows Subcard® members to create a Squad within which other Subcard® members can benefit from purchases made using a registered Subcard® enabling additional points to be earned. In order to participate in Subsquad® you need to opt-in to Subsquad® and set up the Squad as mentioned above.
To Create a Squad, you need to have the updated Subcard® App and enable the feature to be able to use it, following this process you will be able to invite your Subcard® members friends, by email, text message, other Subcard® members to join your Squad.
Any data submitted to Subsquad® will be held in accordance with Subcard®’s Privacy Notice, please find out more by clicking in the following link https://subcard.subway.co.uk/cardholder/en/privacy/.
Note that in order to participate in Subsquad®, Subcard® members must agree to allow other Subcard® members from their Squad to view their Subcard® user name and receive notifications in relation to the purchases made at Subway® stores by any one of the Squad to be able to benefit from those purchases.
Once Subcard® members have created a Squad of between 2 and 8 Squads, in total, the creator of each Squad® will be provided with a unique alphanumeric reference code enabling other Subcard® members to join the Squad. Only persons holding a valid, registered Subcard® will be able to join the Squad. Profane or offensive words must not be used. Subcard® will not accept any liability for any use of any profane or offensive words and may, at its sole discretion, remove a Squad or refuse to allocate points to any Subcard® members within a Squad containing such words.
Subcard® members can only be member of one Subsquad® at any one time. If you wish to leave a Subsquad® you may do so at any time by following the link and instructions in the Subsquad® “leave this Squad”.
Once the Subsquad® has been created members of the Squad will be provided with push notifications, sent through the Subcard® App to inform every member of the Squad when another member of the Squad has made a purchase in a Subway® store using their Subcard®. If at least one member of the Squad makes a purchase within 4 hours of another member having made a purchase (“Qualifying Time Frame”), both members of that Squad who made a purchase will be awarded an additional 50 points, credited to their Subcard®. The rest of the Squad will not get additional points from that purchase as they did not make any purchase within the Qualifying Time Frame. Any purchase made outside the Qualifying Time Frame will start a new timeframe. At least two members of a Squad must make a purchase within the Qualifying Time Frame for points to be awarded.
Bonus points will only be awarded within any Qualifying Time Frame. Additional purchases made by other Squad members within the same Qualifying Time Frame will only accrue points in accordance with the usual Subcard® points awards (as set out above). Qualifying Time Frames will not overlap. A period of 24 hours can allow for up to 6 Qualifying Time Frames within which an additional 50 points may be earned, allowing up to 300 additional points in any 24-hour period, subject to qualifying purchases being made in accordance with these Terms. Points will be shown on the Subsquad® feature within Subcard® App on the following business day.
Purchases made outside the Qualifying Time Frame but within 24 hours of the initial purchase triggering a Qualifying Time Frame may be awarded 50 additional points, at Subcard®’s sole discretion, where the purchase is delayed due to queues, store availability or other factors affecting an in-store purchase which is outside the Subcard® member’s control.
Subcard® reserves the right to change the allocation of the points awarded to any members of the Squad using the Subsquad® at any time. Subcard® reserves the right to cease providing Subsquad® at any time.
Points earned using Subsquad® only apply to purchases made in participating Subway® stores situated in the UK and ROI No minimum spend requirements apply to Subsquad® purchases eligible for additional points rewards.
Subsquad® bonus points will not be awarded on any purchases where a Subcard® IOU receipt is issued by a Subway® store. Subcard® reserves the right to remove points from a Subcard® account if it is believed that these have been obtained fraudulently or in breach of these Terms.
8. Intellectual Property Rights
This Site contains material such as trademarks, copyrights, trade dress, services mark and/or other intellectual properties owned by or licensed to Eat Commerce, IPC Europe, Subway® group or another third-party.
The Site includes also arrangements, designs and layouts, software and other applications the display of these list is not intended to be a comprehensive compilation of all rights owned or licensed for us or by us. All rights not expressly granted are reserved. We grant you a limited, non-exclusive license to view and use the IP for personal use-only. Any kind of commercial use is strictly prohibited.
All intellectual property rights contained in this Site shall not be copied, distributed, reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Subway® and/or us. By using or visiting this Site you do not acquire or obtain by implication or otherwise any license, title or ownership, exclusive-use rights or any kind of intellectual property rights. You agree not to create any kind of derivative works form or exploit the IP of this Site. In any way.
This Site must not be used in breach of these Terms or in violation of any applicable law or infringed any third-party rights. The use of this Site for an unlawful or prohibited purpose either by these Terms or by any applicable law which may violate civil or criminal law will be your own responsibility and you will be liable for such actions and either us or Subway shall not be liable for such actions. Subcard® shall immediately cancelled the Subcard® membership and you must either return or destroy any copies of the materials you have made.
You agree that in the event of unauthorised use of these IP which causes an irreparable harm to Subcard® or Subway®, they are entitled to obtain an injunction in addition to any other remedies available at law or in equity.
You also agree not to infringe any third party right IP rights in this Site.
We do not guarantee that this Site is secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not interfere with the proper functioning of the Site or the services provided, transmit files, data or other material containing a computer virus corrupted data, worms, trojan horses or other instructions or design that would erase data or programming or cause the site or any equipment or system to become inoperative or incapable of being used in the full manner for which it was designed. You must not deliver any communication to or through the Site which violates any local or international law and/or contains defamatory libellous, abusive or obscene material or infringe upon the rights of any third party. You will be liable for these actions describe in this paragraph.
10. Third party links
This Site may include links to other websites, these third-parties links are not part of Subcard® and they have not been reviewed by Subcard®. The information in other third-parties’ links is not our responsibility, therefore we advise you to read the terms and conditions and privacy notice of those third-party websites as it will be your sole responsibility if you decide to use them. They may share your Personal Data with us but that sharing of information is governed by the third-party ‘s privacy notice not ours. In situations where your Personal Data is shared with us as we are classed as the “processor”, and as defined by the relevant data protection legislation in place from time to time we will comply with our legal responsibilities as a “processor”.
11. Disclaimer of liability
Each exclusion or limitation of liability in these Terms applies to us (Eat-Commerce and or IPC Europe) Subway®, directors, employees and agents of these entities
The information and services provided by this Site are offered “as is” without any condition or warranty of any kind whatsoever either expressed or implied. We do not make any representation, expressed or implied, including but not limited to implied warranties of merchantability or error-free, or that this Site or its servers will be free of virus or other harmful component or defect.
We do not exclude liability for death or personal injury arising from its own gross negligence or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
We do not warrant, or represent any content from this Site, and you agree that the use of this Site is at your own risk and to the extent permitted by law. We exclude all conditions, warranties, representations or other terms which may apply to this Site or any content on it, whether implied or express.
We shall not be liable to any user for any loss or damage, whether in contract, tort including negligence, breach of statutory duty, or otherwise, even if foreseeable, arising under of, in connection with the use of or inability to use this Site, loss of business opportunity, loss or damage caused by a virus, distributed denial-of-attack or other harmful technology, data or proprietary material that may infect your computer or equipment.
IF YOU FAIL TO COMPLY WITH THESE TERMS YOU WILL BE LIABLE AND RESPONSIBLE OF ANY COST THAT WE OR OUR FRANCHIISEES MAY INCUR AS A DIRECT RESULT OF YOUR FAILURE. ANY FAILURE OR NEGLECT TO ENFORCE ANY OF OUR RIGHTS UNDER THESE TERMS WILL NOT BE DEEMED TO BE A WAIVER OF THAT OR ANY OTHER OF OUR RIGHTS. NO SINGLE OR PARTIAL EXERCISE OF ANY RIGHT OR REMEDY WILL PRECLUDE ANY OTHER OR FURTHER EXERCISE OF ANY RIGHT OR REMEDY.
13. Limitation of liability
WE EXCLUDE ALL LIABILITY AND RESPOSIBILITY PERMIITTED BY LAW FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE IN CONNECTION WITH THIS SITE IN ANY WAY WHATSOEVER.
When you create the account, we will ask you for a user name and a password which will be used to secure your account, the security of your account is your responsibility and you will be responsible if someone else uses your account, if you lose your Card or share your password.
Please keep your user name and password with you, do not share them with anyone. If you believe you lost your password or your account has been hacked, please let us know immediately so that we can investigate the problem, we may need to suspend your password in the meanwhile.
To find out about the different types of notification that we send and how we contact with you, the different options that you have to opt-in and to opt-out, please read the Privacy Notice.
You have the right to cancel your Subcard® membership at any time and if you do so you will lose the right to redeem all unused points, and we will erase your account including your personal details unless that we have a legal reason to keep it for a longer period. In order to cancel your Subcard® membership, please send us an email Support Desk email@example.com.
17. Data Protection
18. Complaints and queries
If you are not happy with the services you have received, please send an email to Support Desk firstname.lastname@example.org with your complaint or query which will be answered without undue delay.
If you are still not satisfied by our services and how we handle your complaint or query you should contact the Information Commissioners’ Officer (ICO) by clicking in the following link https://ico.org.uk/. You will also find useful information about data protection law.
19. Support Desk
When you place a complaint, query or you need any kind of assistance (“query”), your Personal Data will be collected, processed and stored by IPC Europe. The information is collected according to the data you voluntarily send. The details of how your personal information is handled are contained in the Privacy Notice, please visit http://www.ipceurope.org/ for more details about IPC Europe and its data sharing.
We may revise and/or amend these Terms at any time, if there is any material change to this Terms, we will notify you whether by email any electronic means such as by way of notice in our Site or otherwise as required by the applicable law. We encourage you to review these Terms and the Privacy Notice of this Site from time to time as they are binding, Thus, the continued use of the Site after the posting or notice of any amendment in the Terms or in the Privacy Notice shall constitute your agreement to be bound by any changes.
These Terms are governed by English law and subject to the exclusive jurisdiction of the English Courts.
22. Complete agreement
These Terms and the Privacy Notice constitute the entire agreement between us and you with respect to your use of this Site.
Version number: 1.0 – May 2018