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TERMS AND CONDITIONS
- Acceptance of Terms and Conditions
- IP Protocol Addresses and Web Logs
- Children & Data Collection
- Copyrights & Trademarks
- Materials & Acceptable Use
- Feedback & Submissions
- Restrictions on Use
- Warranty Disclaimer
- Limitation on Liability
- Choice of Law & Dispute Resolution
- No Assignment
- No Waiver
- Complete understanding
1. Acceptance of Terms and Conditions
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS FOR THIS WEBSITE.
RIPE SOLUTIONS PTY LTD operates and hosts the website located at www.subway.com.au (the “Site”) on servers in Australia.
RIPE SOLUTIONS PTY LTD is entitled to host the SITE on behalf of the SUBWAY® brand, in the territory of Australia based on an agreement signed with Subway Franchisee Advertising Fund of Australia Pty. Ltd. (“SFAFA”).
RIPE SOLUTIONS PTY LTD may share information, including Personal Information, with Doctor’s Associates Inc. (“DAI”), Franchise World Headquarters, LLC (“FWH”), Subway Franchisee Advertising Fund Trust, Ltd. (“SFAFT”), Subway Systems Australia Pty Ltd (“SSA”) and SFAFA (collectively the “SUBWAY® Group”).
BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”). THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT RIPE SOLUTIONS PTY LTD AND THE SUBWAY® GROUP’S LIABILITY TO YOU. YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, BROWSE, OR USE THIS SITE.
The SUBWAY® Group may change these Terms and Conditions at any time in their sole discretion. The modified Terms and Conditions will be effective immediately upon posting and, by continuing to use the Site, you agree to the new posted Terms and Conditions. You are responsible for staying informed of any changes. If you do not agree to the new posted Terms and Conditions, your only remedy is to discontinue use of the Site.
While the SUBWAY®Group make reasonable efforts to provide accurate and timely information about the SUBWAY®Brand on the Site, you should not assume that the information provided is always up to date or that the Site contains all the relevant information available.
2. IP Protocol Addresses and Web Logs
This Site'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 Site, 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 Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. 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
3. Children & Data Collection
SUBWAY® Group adheres to the United States federal privacy protection standards as stated in the Children's Online Privacy Protection Act (“COPPA”) and care about the safety of children. The SUBWAY® Group will not knowingly allow anyone under 13 to provide them with any personally identifying information. Children under 13 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves (such as their names, e-mail address, and phone number) over the Internet. If a child has provided the SUBWAY® Group Information without the consent of a parent or guardian, the parent or guardian of that child should contact the Privacy Officer immediately at email@example.com.We will use reasonable efforts to promptly delete the child's Personal Information from our servers.
4. Copyrights & Trademarks
Unless otherwise noted, all Materials on the Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned, licensed or used by the SUBWAY® Group. SUBWAY® and the SUBWAY® logo are registered trademarks and service marks owned and registered by DAI. DAI’s marks on the Site represent some of the marks currently owned or controlled in Australia and/or in one or more other countries by DAI, its affiliates 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 Australia. All rights not expressly granted are reserved.
5. Materials & Acceptable Use
The Materials on this Site include, but are not limited to; SUBWAY® Restaurant Location Information, Menu & Nutrition Information, Catering Information, Company Contact Information, Company History, News, FAQ’s and SUBWAY® Franchise Information. Franchise Information on the Site 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 Federal Trade Commission Rule on Franchising and various state and country laws regulating the sale of franchise opportunities.
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, or to cause damage on or through use of the Site. You agree that none of your communications with or through the Site 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 Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.
The Materials published on the Site may not be copied or distributed, modified, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by the SUBWAY® Group. All of the Materials available on the Site 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 Site in any way.
You agree that the unauthorized use of the Materials could cause irreparable harm to the SUBWAY® Group and that in the event of an unauthorized use, the SUBWAY® Group shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.
7. 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 Site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
The SUBWAY® Group appreciates 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 the SUBWAY® Group and their 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 SUBWAY® Group or their designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant that any and all “moral rights” pertaining to any copyrighted materials have been waived.
By making a Submission, you acknowledge and agree that the SUBWAY® Group 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 the SUBWAY® Group or their designees is similar to your Submission.
8. Restrictions on Use
Any Materials from the Site 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 SUBWAY®. Any proprietary information remains the sole property of the SUBWAY® Group. The Materials on the Site are provided for lawful purposes only and any other use or modification of the Materials found on the Site violates the intellectual property rights of the SUBWAY® Group. The SUBWAY® Group 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 Site in any manner inconsistent with these Terms and Conditions.
The following kinds of conduct are illegal and/or prohibited on the Site. Prohibited activities include, but are not limited to, the following: (a) using the Site 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 Site any information, data, text, files, links, software or other materials that the SUBWAY® Group 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 the SUBWAY® Group 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 Site, 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 Site; (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. The SUBWAY® Group reserves the right to investigate and take appropriate legal action against anyone who, in their sole discretion, engages in any of the prohibited activities.
The SUBWAY® Group reserve the right but are not obligated to do any or all of the following: (a) investigate an allegation that any Submission posted on the Site does not conform to these Terms and Conditions 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 and Conditions; (c) terminate a user's access to the Site; (d) monitor, edit, or disclose any Submission on the Site; or (e) edit or delete any content posted on the Site, regardless of whether such content violates these Terms and Conditions.
10. WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS, ALL CONTENTS, MATERIALS, INFORMATION AND SERVICES ON THIS SITE ARE OFFERED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. NEITHER RIPE SOLUTIONS PTY LTD OR THE SUBWAY® GROUP MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER RIPE SOLUTIONS PTY LTD OR THE SUBWAY® GROUP OR GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF THE SUBWAY® GROUP ARE AWARE OF THEM.
11. LIMITATION ON LIABILITY
YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEIDEL CONSULTING, THE SUBWAY® GROUP AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS OF RIPE SOLUTIONS PTY LTD AND THE SUBWAY® GROUP 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 SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THIS SITE, ANY WEBSITES LINKED TO THIS SITE, 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 SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITE LINKED TO THIS SITE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT RIPE SOLUTIONS PTY LTD OR THE SUBWAY® GROUP LIABILITY IN STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, RIPE SOLUTUONS PTY LTD OR THE SUBWAY® GROUP LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the SUBWAY® Group 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 and Conditions as well any claims arising from any unauthorized uses you may make of the Materials on the Site.
13. Choice of Law & Dispute Resolution
Access to and use of the Site and these Terms and Conditions are governed by the laws of the State of Queensland, Australia, without reference to the body of laws regarding conflict of laws giving effect to any conflicts of law or choice of laws. Any dispute or difference whatsoever arising out of or in connection with this Site or the breach of the Terms and Conditions shall be settled by binding arbitration in accordance with, and subject to, the UNCITRAL Arbitration Rules. The appointing and administering body shall be The Institute of Arbitrators & Mediators Australia (IAMA). There shall be one arbitrator, the language of the arbitration shall be English, and the place of the arbitration shall be Brisbane, Australia. The parties agree to abide by the decision of the arbitrator. 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’s right to seek an injunction from the appropriate court or agency in law or equity for any breach of these Terms and Conditions.
14. No Assignment
You may not transfer or assign in any way any of your rights or obligations under these Terms and Conditions. Any such transfer or assignment shall be null and void.
If any provision of these Terms and Conditions 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 and Conditions 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.
16. No Waiver
The SUBWAY® Group’s failure to insist upon or enforce strict compliance with any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
The headings for each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms and Conditions.
18. Complete Understanding
These Terms and Conditions, and Privacy Notice: www.subway.com.au/info/privacy_policy/, constitute the entire understanding between RIPE SOLUTIONS PTY LTD and the SUBWAY® Group and you with respect to your use of the Site, including, but not limited to, Product orders placed on the Site.
You may contact the Privacy Officer to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact another individual to assist in completing your requested task. We want to be sure that we keep only the most accurate and up-to-date Personal Information in our records. If you have any questions or complaints, please contact the Privacy Officer. The Privacy Officer can be reached by email at: firstname.lastname@example.org
LAST UPDATED: 8 August 2013
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