1. About us
website (the "Website") is owned and operated by the European Independent Purchasing Company Limited trading as IPC Europe ("IPC Europe") whose registered office is at Rapid House, 40 Oxford Road, High Wycombe, Buckinghamshire, HP11 2EE, England and is registered in England and Wales under company number 04267249.
In these website terms and conditions (“Terms and Conditions”), IPC Europe will be referred to as “We”, “Us”, or “Our”, and users of the Website will be referred to as “You”, “Your”, or “Yours”.
2. Use of the Website
These Terms and Conditions govern Your use of the Website.
Please read these Terms and Conditions carefully before continuing to use the Website. Your use of the Website indicates Your understanding of and Your agreement to be bound by these Terms and Conditions and constitutes a binding contract between You and Us. If You do not agree to these Terms and Conditions, please stop using the Website immediately.
By using the Website, You agree to refrain from using, uploading and transmitting data that is or could be deemed to be defamatory, offensive, obscene or otherwise unlawful, or which could be offensive or offensive to others or could affect or infringe the rights of any other person.
By using the Website, You further agree:
- not to use any tools, software, files or mechanisms that could affect the proper operation of the Website or the Secure Area;
- to refrain from sharing or linking to the Website from any other website, intranet or extranet site without Our prior written consent;
- not to undertake any other actions which could affect or interrupt the Website or Our services;
- not to encourage others or allow others to do any of the above.
If You do not comply with the above restrictions, You will be liable for all losses and costs (including legal costs) incurred by Us or any third party as a result of Your actions.
3. Data Protection
5. Secure Area and Secure Users
There is a secured part of the website (“Secure Area”) which is for the use by the Subway® Franchisees and their employees and the employees of IPC Europe only (“Secure User(s)”).
Should You be a Secure User, You will need to complete the registration process in order to access the Secure Area. In order to do so You must click on the login link on the home page of the Website and follow the instructions. We are under no obligation to accept Your application for registration and We reserve the right to suspend or terminate Your access to the Secure Area at any time if We believe that Your further use is in any way disadvantageous or detrimental to Us or other Secure Users. By registering to use the Secure Area, You confirm the accuracy and completeness of the data You provide during the registration process. You undertake to update Your registration data immediately in the event of a change.
To gain access to the Secure Area You will need to enter Your email address and choose a password. Keep Your Secure Area log in details secure and do not share them with anyone. Your Secure Area log in details are Your responsibility and You will be held responsible if someone else uses Your details.
6. Franchisee Secure Users
As a Franchisee, once You have completed the registration process as a Secure User, You will have the ability to add additional users to the Secure Area. Such additional Secure Users must be Your employees (“Additional Secure Area Users”).
You must draw to the Additional Secure Area User’s attention the content of these Terms and Conditions.
Additional Secure Area Users must adhere to the same registration process as You.
You may restrict and/or remove an Additional Secure Area User’s access to the Secure Area at Your discretion, however We will ultimately have the final say on whether an Additional Secure Area User can retain access to the Secure Area.
You will be personally responsible for monitoring an Additional Secure Area User’s use of the Secure Area. You will be responsible for maintaining an accurate and up to date database of Additional Secure Area Users registered to use the Secure Area. You must delete any Additional Secure Area Users access rights from the Secure Area within 48 hours of the termination of their employment and/or contractual relationship with You.
7. Intellectual Property
The Website and the data and materials (“Material”) contained therein or provided to You are protected by copyright, database rights and trademark rights, as well as other intellectual property rights and laws around the world, and which are owned either directly by Us or by Our licensors. You are entitled to view or download the Material contained on the Website and may print it for Your personal use or for Your business use should You be a Secure User. You must not modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any Material on this Website (including in the Secure Area) underlying software code or underlying data copy or remove any Material from the Website without Our express consent. You must not modify, use or remove any copyright and trademark or other proprietary notices or intellectual property from the Website or the Secure Area without Our prior consent.
8. Links to other websites
We may occasionally include links from the Website to other websites owned and controlled by third parties or other IPC Europe websites. These links are provided for Your convenience only and
We do not endorse such websites. We have no control over and do not assume any responsibility or liability for the third party websites. You access such other websites solely at Your own risk.
We may monitor the activity and content of the Website and will take reasonable measures if We suspect that You are in breach of these Terms and Conditions, including temporarily blocking or terminating Your access to the Website and/or the Secure Area, and/or notifying authorities or regulators of Your activities.
If You have reason to believe that access to the Secure Area has been unlawfully made using your log in details, You must promptly change your password. Please contact email@example.com immediately so that We can investigate the problem. While such investigation is underway, We may need to suspend Your access to the Secure Area.
Since Internet transmissions are never completely private or secure, there is a risk that messages or information that You send to us via the Website or Secure Area may be intercepted or possibly read by others.
We accept no liability for any transfer of information that You make to us and such transfers shall be at Your sole risk.
11. Disclaimer of liability and warranty
We make no representations that the Material available or made available to You on or through the Website is appropriate for your requirements. We disclaim all implied warranties and accept no liability (i) for the correctness, completeness or topicality of the information or Material contained on the Website (ii) for the reliability, safety or stability of the Website (iii) for access to the Website being continuous and uninterrupted (iv) for the Website being free of viruses. The Website is provided on an "as is" and "as available" basis without warranty of any kind or liability of any kind.
No information contained on the Website may be construed as legal, financial or other professional advice. You should not rely on the information contained on the Website and should always seek professional advice.
You are responsible for configuring Your own information technology, computer programmes and platform in order to access the Website. You should use Your own virus protection software.
We shall not be liable to You or any third party for any direct, indirect, punitive, incidental, special or consequential losses, damages, costs, claims or expenses, of whatsoever kind (“Losses”) arising out of Your access to, or Your use of the Website or Secure Area or any Material or information contained in it whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if You are aware of the possibility of such Losses. For the avoidance of doubt, We shall not be liable in any circumstances for loss of profit .:
Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence or for fraud and fraudulent misrepresentation.
You agree to indemnify and hold Us and Our affiliates, officers, agents and other partners and employees harmless from and against any and all losses, liabilities, costs, claims or expenses (including reasonable legal fees) arising as a result of Your breach of these Terms and Conditions or out of or in connection with Your use of the Website. .
14. Rights of third parties
No provision of these Terms and Conditions grants any third party rights in accordance with the Contracts(Rights of Third Parties) Act of 1999.
15. Waiver Notification
A delay in or decision against the enforcement of any of Our rights that We may have under these Terms and Conditions does in no way constitute a waiver of Our right and does not affect the rights We may have to assert the same or any other right at any other time or against any other person.
If any provision contained in these Terms and Conditions is declared invalid or unenforceable by a court or competent authority, such offending provision shall be severed from these Terms and Conditions without affecting the validity or enforceability of the remaining provisions.
We reserve the right to change these Terms and Conditions at any time. Any such changes will be effective from the time of posting the amended Terms and Conditions on the Website. Your continued access to or use of the Website is deemed to be Your acceptance of the amended Terms and Conditions. We encourage You to review these Terms and Conditions and the Privacy Notice from time to time as they are legally binding.
We may also modify the information and Material contained on the Website and/or the Secure Area; or We may terminate the Website or the Secure Area at any time without notice.
18. Governing Law
These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English Courts.
Updated February 2020