Subway Print Folder Great Subway promotions to help grow your business

Terms and Conditions

1.       General Information and Definitions

We are Hunter Johnstone Marketing Solutions Limited a company incorporated under the laws of England (06904467) whose head office is at 1 Dinsdale Place, Newcastle Upon Tyne, United Kingdom, NE2 1BD (“HJMS”); The Following terms and conditions govern how you may use the Website www.subwayprintfolder.com (“the Website”) and the Services (as defined below)

1.1  Our electronic mail address is info@subwayprintfolder.com

1.2  “Content” means the text, graphics, images, video and audio files and any other information on the Website;

1.3  “Data Protection Act” means the Data Protection Act 1998 as amended from time to time and including any subordinate or subsequent legislation;

1.4  “Intellectual Property” means any patent, invention, copyright, registered design, unregistered design rights or other intellectual property protection and any application for such protection, and all rights in any secret process, know how or Confidential Information or any similar rights anywhere in the world;

1.5  “Keywords” means those words notified to the Client by the Host which control the Client’s access to the Services including without limitation a password and username;

1.6  “Marketing Material” means the items and services offered through the Web Site from time to time to enable Subway Franchisees to create promotional material to enhance their business

1.7  “Materials” means documents, photographs, drawings, computer programs, source code, flowcharts and other materials of any kind stored, contained or uploaded on the Website by you and recording or containing any Confidential Information;

1.8  “Services” means all internet related services provided by/on behalf of HJMS in relation to use of the Website. All services to be provided on and subject to these terms and conditions.

1.9  “Subway” means Subway Franchisee Advertising Fund Trust BV, a Netherlands limited liability company with registered address in Amsterdam, the Netherlands OR Doctor’s Associates Inc., a Florida, USA Corporation with a principal office in Fort Lauderdale, Florida, USA

1.10  “Subway Franchisees” means a Franchisee of Subway,


2.       Purpose of the Website

2.1  The Website has been established by HJMS to provide a place where Subway Franchisees can:

2.1.1  Access approved Subway Marketing Material


3.       Conditions of the use of the Website

3.1  By using the Website you are agreeing to be bound by these Terms and Conditions any by any agreements referred to in these Terms and Conditions;

3.2  You may not use the Website for anything that is illegal and/or criminal which shall include but not limited to, anything which may offend generally accepted principles of morality, offend minority groups, encourage terrorism or other seditious activity, incite violence or hatred or be used in pornographic activity;

3.3 You may not use the Website to download or copy any of the Content or Materials and subsequently change or add to the layout, content, design or message of said Content or Materials. Any change nullifies the Subway approval reference (ARB).

3.4  HJMS reserves the right to deny users access to the Website or any part of the Website without notice and to decline to provide access to the Website to any user that is in breach of these Terms and Conditions;

3.5  Use of the Website is subject to the laws of England and Wales and the exclusive jurisdiction of the English Courts.


4.       Registration

4.1  In order to utilise the Website you must register with HJMS all details requested by HJMS. Upon registration of your details, HJMS will provide you with Keywords to enable your access to the Website. You will be required to keep the Keywords confidential to you. If you do not then HJMS will remove your permissions to access the Website.

4.2  You warrant that:

4.2.1  The personal information which you are required to provide when you register is true, accurate, current and complete in all respects;

4.2.2  You are not impersonating any other person or entity;

4.2.3  You will notify HJMS immediately of any changes to the personal information by emailing the customer service representatives at info@subwayprintfolder.com


5.       Marketing Material Returns and Refund

5.1  There are two methods of the creation of Marketing Material:

5.1.1  By accessing the relevant database, identifying the images you require, creating your own Marketing Material and downloading it yourself

5.1.2  By sending a relevant request to HJMS for them to provide Marketing Material on your behalf (“HJMS Order”)

5.2  In providing any information to create Marketing Material you warrant that the information given is accurate and that HJMS may rely on such information when fulfilling any HJMS Order

5.3  Payment of any HJMS Order and or for any Marketing Material must be made at the time of ordering using an acceptable payment card as set out on the Web Site. No Orders may be placed nor fulfilled in any other circumstances

5.4  Delivery of any HJMS Order will endeavor to process the HJMS Order and manufacture the Goods within the time period stated for each item. However manufacturing time varies by item of Goods and it is the policy of the Seller to combine items of the same type into separate shipping packages. Each package of like items will be sent separately by regular post, unless otherwise stated in the Order Confirmation as soon as it is completed.

5.5  Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused. The Seller reserves the right to make delivery of the Goods by installments. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the installments or if the Buyer has a claim in respect of any one or more of the installments

5.6  The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an installment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer

5.7  The Buyer shall have the right to cancel any HJMS Order for Goods only if HMJS has failed to deliver the Goods within 28 days from the date of placing the HJMS Order

5.8  Any Notice of the wish to cancel such HJMS Order must be made in writing in accordance with clause 10 Such Notice will be ineffective if the Goods which are returned by the Buyer to the Seller are not in their original packaging (which the Buyer should retain for the purpose) and not in an unused condition.

5.9  No refund shall be provided by HMJS save where a successful claim is made pursuant to clause 5.7


6.       Warranties and Liabilities

6.1  Whilst reasonable attempts will be made to do so

6.1.1  HJMS shall not be responsible for the accuracy of any Content and/or Materials on the Website;

6.1.2  HJMS does not represent or warrant that the Website not any Content and/or Materials will be free of viruses or similar contamination or destructive features;

6.1.3  HJMS does not warrant that the Website will be free from attack, hacking or other intervention from any third party although it does warrant that it has in place suitable and current defensive mechanisms against such outside influence.

6.1.4  HJMS will not be responsible for any technical problems you may experience with the Website.

6.2  HJMS does not take responsibility nor shall HJMS be liable for any use or reliance upon the Website howsoever and for the avoidance of doubt for any event that is outside our control such as an act of war, terrorism, plague, famine, pestilence, flood or other act of God.

6.3  HJMS will not be liable for any incidental, consequential or contingent damages involving the use of the Website.

6.4  HJMS does not guarantee that you or any third parties will be able to access the Website at any particular time. You acknowledge that the need for routine maintenance and error correction may result in down time and that HJMS cannot control the timing or volume of attempts to access the Website.

6.5  You shall be responsible for keeping regular back ups of all Materials stored on or uploaded onto the Website.

6.6  All warranties implied by statute or common law are expressly excluded for as the law permits. This exclusion, and any other and any other exclusion contained in these Terms and Conditions shall not apply to death or personal injury caused by the negligence of HJMS or its employees nor to any fraudulent misrepresentation by HJMS.


7.       Intellectual Property, Licence and Ownership

7.1  All Intellectual Property relating to the Website, Content and/or Materials are and shall remain the property of HJMS or its licensors.

7.2  Title to the Website (both legal and equitable) is and shall at all times remain with HJMS and you shall keep the Website free of all charges, liens and encumbrances and protect it from any and all judicial process.

7.3  Title to the Content and/or Materials (both legal and equitable) is and shall at all times remain with HJMS and you shall keep the Content and/or Materials free of all charges, liens and encumbrances and protect it from any and all judicial process.

7.4  HJMS grants to you a non-exclusive non-transferable licence to use the Website and unless expressly permitted in writing by HJMS, you are not permitted to sub-licence any rights which may from time to time be granted in writing by HJMS to any third party. You agree that you will not yourself or through a third party:

7.4.1  Copy the Website, except as is necessary for use of the Website. In the event that you make any copies of the Website, you shall reproduce all proprietary notices on such copies;

7.4.2  Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Website except as permitted by law;

7.4.3  Sell, lease, license, transfer or sub-license the Website, Content and/or Materials and/or Services;

7.4.4  Write or develop any derivative or other software programs based, in whole or in part upon the Website, Content and/or Materials and/or Services belonging to HJMS.


8.       Linking Policy

8.1  You may link to the Website if you wish without our permission but you must link to the homepage and not deep link into the site. You may also use any information contained in this Website as long as you have our permission and in addition acknowledge our ownership.

8.2  However if you do link to our Website you agree that you will indemnify us in full if any action is taken against us by any third party, or even by you, by virtue of the link you have created. If you do link to this Website, any use is the subject of these Terms and Conditions.


9.       Breach of this Terms and Conditions

9.1  HJMS shall not be liable in any event for any loss of profit, revenue or other type of economic loss (whether direct or indirect), loss of business or contracts; loss of expected savings or goodwill; or any losses which a court categories as “consequential” or “indirect” arising out of or in connection with the use of the Website.

9.2  You will be liable to HJMS for any damages suffered as a result of any breach by you of these Terms and Conditions including the economics, revenue (whether direct or indirect) loss of business contracts, loss of expected savings or goodwill or any losses which a Court categorises as “consequential” or “indirect”.

9.3  HJMS shall not be liable to you in respect of your use or reliance upon the Website, Content and/or Materials over and above the price paid for any HMJS Order and/or other services pursuant to these terms and conditions. This limitation does not apply to death or personal injury by the negligence of HJMS or its employees nor the fraudulent misrepresentation by HJMS.


10.      Complaints

HJMS aim to provide you with a quality service. If, however, you feel you have a cause to complain, you can contact customer services at the address given above. HJMS will try to do its best to resolve any problems that arise. If you have any complaints of any nature which relate to this Website please contact info@subwayprintfolder.com


11.      Entire Agreement

These Terms and Conditions supersede any prior agreements or arrangements which have subsisted between you and HJMS, provided the information that you have given to HJMS is not incorrect or fraudulent.


12.      Severance

Each provision of these Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.


13.      Interpretation in the Terms and Conditions

13.1  Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time be amended, extended or re-enacted;

13.2  Words importing the singular include the plural, words including any gender include every gender and words including persons including bodies corporate and un-incorporate, in each case vice versa;

13.3  Any reference to a party in this Terms and Conditions includes a reference to his successors in title and permitted assigns;

13.4  The headings to these clauses are for ease of reference only and shall not be effect the interpretation or construction of this Terms and Conditions;

13.5  Not withstanding that the whole or any part of any provision of this Terms and Conditions may prove to be illegal or unenforceable, the other provisions of this Terms and Conditions and the remainder of the provisions in question shall remain in full force and effect.


14.      The Law

This Terms and Conditions shall be governed by and construed in accordance with the Laws of England and Wales and you submit to the exclusive jurisdiction of the English Courts.


15.      Privacy Policy

15.1  The Data Protection Act is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data, including how it may be divulged

15.2  Any data about individuals which is entered or included in any message to HJMS will be subject to the Data Protection Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for HJMS to utilise it for the purpose of any transaction included for or by you through the Website. If you are in any doubt about any data, please feel free to email HJMS with the details of the problem first. HJMS are registered under the Data Protection Act as a Data Controller under number. If you have any enquiries relating to data which is held you should contact info@subwayprintfolder.com

15.3  HJMS only use personal information for the purpose for which it was given to HJD and in connection with the business or permitted by law. HJMS will collate the information which you provide. By giving HJMS this information, you consent to the use of it in order to process your order to process your order and inform you about its progress.

15.4  The information you submit and other information about HJMS visitors or registrants will not be sold, rented, exchanged, transferred or otherwise disclosed to any party outside HJMS. However, HJMS reserves the right to disclose data to a law enforcement officer or in connection with any legal proceedings if it is believed that such disclosure is required by law;

15.5  HJMS may use the information you supply to notify you about HJMS services which may be of interest to you and to keep you informed about forthcoming events. For your security, HJMS reserves the right at all times to contact individuals if evidence of account tampering or improper account activity is discovered.

15.6  HJMS will ensure that it has appropriate technical and organisational measures in place against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to personal data processed in connection with the Website.

Copyright © 2017 Hunter Johnstone Marketing Solutions Limited.  Company No: 3948253 (Registered in England).