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Terms and Conditions 1. Introduction 1.2 It is each member's responsibility to read these terms and conditions. These terms and conditions are to be read in conjunction with SUBWAY® RESTAURANTS' privacy policy. A copy of SUBWAY® RESTAURANTS privacy policy may be obtained from SUBWAY® RESTAURANTS' website, http://www.subway.com.au. 1.3 By registering as a SUBWAY® Eat Fresh Club member, you acknowledge that you have read these terms and conditions and the SUBWAY® RESTAURANTS privacy policy and agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, you should not register as a member of the SUBWAY® Eat Fresh Club. 1.4 These terms and conditions are effective as at the date of publication on this website. These terms and conditions, including any rules incorporated in them, may be amended from time to time. It is each member’s responsibility to continually check these terms and conditions to ensure they are aware of any recent changes. 2. Joining SUBWAY® Eat Fresh Club 2.2 SUBWAY® Eat Fresh Club membership is subject to acceptance by SUBWAY® RESTAURANTS in its absolute discretion. 2.3 To apply for membership, you must complete all required fields of the membership application. You agree that all information supplied by you to SUBWAY® RESTAURANTS is accurate at the time of its supply. You may contact SUBWAY® RESTAURANTS by emailing admin@sfafa.com.au. 2.4 You may refer the SUBWAY® Eat Fresh Club to friends via the SUBWAY® Eat Fresh Club website at www.subway.com.au/eatfreshclub. To refer the SUBWAY® Eat Fresh Club to a friend, you must click on the ‘refer a friend’ link and provide the requested details including your friend’s unique valid email address. Each referred friend will then receive an email from you referring them to the SUBWAY® Eat Fresh Club. You warrant that the friends that you intend to refer are Australian residents who are eligible to become members of the SUBWAY® Eat Fresh Club and are people who would normally consent to receiving emails from you. 3. Membership of SUBWAY® Eat Fresh Club 3.2 Unless you tell us otherwise, SUBWAY® RESTAURANTS may use your contact details in order to operate the SUBWAY® Eat Fresh Club and provide to you product information, promotional material, marketing materials, electronic newsletters and advising you of SUBWAY® RESTAURANTS' and any of its associates' and related companies' products, competitions or events which may be of interest. To opt out of receiving these communications you should reply to the unsubscribe link in the email or email admin@sfafa.com.au. You may opt out at any time. 3.3 Membership of the SUBWAY® Eat Fresh Club may entitle you to receive a number of benefits. The frequency and nature of these benefits may vary and are at all times subject to availability. SUBWAY® RESTAURANTS reserve the right to change any benefit, product or service without notice. Benefits to be granted to members will be determined by the participating SUBWAY® restaurant at which they apply to join the SUBWAY® Eat Fresh Club. 3.4 Some of the benefits provided by the SUBWAY® Eat Fresh Club which are offered to the members are provided by suppliers over which SUBWAY® RESTAURANTS has no control. Arrangements for the availability and utilisation of the benefits so offered are made by SUBWAY® RESTAURANTS solely as agent for the suppliers providing such benefits. The provision of the benefits will be subject, in each case, to the terms and conditions of the suppliers providing such benefits and any claims relating to the supply of benefits should be made to the supplier. 3.5 SUBWAY® RESTAURANTS will not be liable for refusal of any supplier of SUBWAY® Eat Fresh Club benefits to accept or honour the benefit nor will SUBWAY® RESTAURANTS be liable for any loss or damage whatsoever, whether in whole or part, in any way related to any benefits not being offered or honoured, to the fullest extent permitted by law. 3.6 Membership of the SUBWAY® Eat Fresh Club may also entitle you to promotional offers on participating products at participating SUBWAY® restaurants. Notwithstanding the forgoing, nothing shall prevent SUBWAY® RESTAURANTS offering promotional offers to individuals who are not members of the SUBWAY® Eat Fresh Club. 3.7 All promotional offers at participating SUBWAY® restaurants offered to members, including competitions and promotions, will only be offered in accordance with the terms and conditions for those promotional offers. 3.8 Promotional offers at participating SUBWAY® restaurants may change from time to time and it is your sole responsibility to check whether a promotional offer is available on a participating product. SUBWAY® RESTAURANTS in its sole discretion will determine what promotional offers are offered to members of the SUBWAY® Eat Fresh Club and makes no guarantee as to the availability of any promotional offers. 4. SUBWAY® Eat Fresh Club Rules 4.2 You agree that you may receive benefits from being a SUBWAY® Eat Fresh Club member and that these benefits are personal to you. 4.3 You agree that you will not abuse any benefits received or conferred on you. 4.4 You agree that you will not abuse any facilities, services or arrangements accorded to you as a SUBWAY® Eat Fresh Club member. 4.5 You agree that you will not make any defamatory or slanderous statements about SUBWAY® RESTAURANTS, any of its associates and related companies, SUBWAY® RESTAURANTS franchisees or staff or any of SUBWAY® RESTAURANTS, its associates and related companies products or suppliers. 4.8 You agree that you will not provide to SUBWAY® RESTAURANTS any misleading information. 4.9 Whilst these rules operate as the SUBWAY® Eat Fresh Club Rules, any specific rules in relation to a SUBWAY® Eat Fresh Club competition or promotion will prevail over the SUBWAY® Eat Fresh Club Rules to the extent of any inconsistency between the two. 5. Child Members 6. Variation to the Terms and Conditions 6.2 SUBWAY® RESTAURANTS encourages members to periodically review these terms and conditions. Members will be taken to have received notice of any changes to these Terms and Conditions if SUBWAY® RESTAURANTS notifies the member of the change by any method including, but not limited to the use of email, or by posting details of the changes on the SUBWAY® RESTAURANTS website. 7. Termination and Withdrawal of Membership 7.2 SUBWAY® RESTAURANTS reserves the right to withdraw or cancel any membership at any time, without notice at its absolute discretion. 7.3 Without limiting clause 7.2, SUBWAY® RESTAURANTS may terminate a membership if the reasonable opinion of SUBWAY® RESTAURANTS, the member has: (a) abused any facilities, services or arrangements accorded the member as a result of that member's membership in the SUBWAY® Eat Fresh Club ; (b) acted in a way which is likely to be detrimental to the interests of SUBWAY® RESTAURANTS, any of its associates and related companies or any of SUBWAY® RESTAURANTS franchisees or associates; (c) supplied or attempted to supply misleading information or make material misrepresentations to SUBWAY® RESTAURANTS; or 7.4 For the avoidance of doubt, a member's membership automatically terminates upon their death. 7.5 SUBWAY® RESTAURANTS reserves the right to withdraw or cancel the right of any member to use any benefits previously advertised or offered generally to any member and will not, to the fullest extent permitted by law, be liable for any loss or damage suffered by the member resulting from such withdrawal, cancellation, variation or change. 7.6 SUBWAY® RESTAURANTS gives no warranty as to the continuing availability of the SUBWAY® Eat Fresh Club. SUBWAY® RESTAURANTS may, in its absolute discretion, at any time cancel the SUBWAY® Eat Fresh Club in whole (or in part) upon reasonable notice ("reasonable notice" being no less than 1 week). 8.2 Members hereby irrevocably hold harmless SUBWAY® RESTAURANTS, its related bodies corporate, employees, directors, suppliers and agencies from all claims, suits, demands, actions, proceedings which the member has or in the future may have against SUBWAY® RESTAURANTS, its related bodies corporate, employees, directors, suppliers and agencies, and shall indemnify and release SUBWAY® RESTAURANTS, its related bodies corporate, employees, suppliers, directors, related companies and agencies from all and any claims for damages or otherwise in the terms of, and arising out of the SUBWAY® Eat Fresh Club to the fullest extent permitted by law. The term "related bodies corporate" has the same meaning as in the Corporations Act 2001 (Cth.). 8.3 Each member acknowledges and agrees that all decisions pertaining to the SUBWAY® Eat Fresh Club rests solely with SUBWAY® RESTAURANTS and its decision is final. 9. Governing Law 9.2 Nothing in these Terms and Conditions affects any rights a member may have and which by law may not be excluded under any statute. |
PRIVACY STATEMENT