TERMS AND CONDITIONS OF USE - WWW.MYSUBWAYCAREER.COM.SG – SINGAPORE, WWW.MYSUBWAYCAREER.COM.AU – AUSTRALIA & WWW.MYSUBWAYCAREER.CO.NZ – NEW ZEALAND
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS FOR THIS WEBSITE
Independent Purchasing Company (Australasia) Limited ABN 18 082 169 060 (“IPCA”) is a non-profit making organisation owned by Subway® Franchisees (the “Franchisees”) in Australasia. IPCA provides operational support to individual Franchisees through certain systems and services, including services relating to recruitment.
About the Site:
This website (the “Site”) is owned by IPCA and is operated by us.
Additional terms and conditions may apply to specific functions provided through the Site and are additional terms and conditions of which you should be aware while browsing and using this Site. You acknowledge that IPCA may vary these Terms and Conditions from time to time by displaying new or amended Terms and Conditions on this website. Your continued use of this Site will constitute acceptance of the Terms and Conditions as modified and displayed from time to time.
While we make reasonable efforts to provide accurate and timely information and descriptions of the duties and responsibilities of the employees working for independently owned Subway® Franchisee restaurants located in Singapore, Australia and New Zealand (“Subway® Restaurants”) and a method by which you may complete and submit an application for employment to one or more Subway® Restaurants on this Site, you should not assume that the information is always up to date, that this Site contains all the relevant information available about employment with Subway® Restaurants or that any employment opportunities are available at any particular Subway® Restaurant.
Purpose and Use of the Site
This Site provides available employment information regarding various positions at Subway® Restaurants. Each Subway® Restaurant is independently owned and operated and the Franchisee-owner is responsible for establishing its own hiring procedures and practices. As such, the employment information provided on the Site is a general overview and may not be applicable to each and every Subway® Restaurant.
Disclaimer: All contents of the Site are offered as a convenience to a person seeking employment with a Subway® Restaurant only. To the maximum extent permitted by law IPCA makes no representations or warranties, express or implied, as to the fitness of any Subway® Restaurant as an employer, as to the availability of employment with any Subway® Restaurant, or as to the fitness of any applicant as an employee. IPCA does not guarantee that any Employment Application submitted through this Site will be viewed by the selected Subway® Restaurants, nor that the submission of an Employment Application will result in communication from, an interview with or employment by the selected Subway® Restaurants.
This is not an employment website for careers at IPCA. IPCA does not participate in the hiring process of the Subway® Restaurants. IPCA is not provided with nor does it retain a copy of the completed Employment Application or Job Assessment Questionnaire or the results thereof. IPCA does not, and will not, view, review, assess, disclose, evaluate, comment on, consider, or in any other manner look at the information you provide on the Employment Application or Job Assessment Questionnaire or the results thereof.
Once you complete and submit your Employment Application, an email is automatically generated and sent to the Franchisee or designated hiring manager of each of the selected Subway® Restaurants (the “Hiring Manager”). This email notifies the Hiring Manager that an Employment Application has been submitted to the Subway® Restaurant(s). The Hiring Manager may log on to the Site and retrieve, download, view and/or save the Employment Application.
Each Subway® Restaurant has developed and conducts its own hiring process and practices. IPCA does not control, educate, trainor inform the Hiring Manager how the Subway® Restaurant’s hiring process and practices should be conducted. All hiring decisions are made in the separate and independent discretion of the Hiring Manager. The Employment Application is provided to the Hiring Manager to be used in conjunction with the hiring process and practices of the selected Subway® Restaurant(s).
The Job Assessment Questionnaire was developed by an independent third party (“Behaviour Analyst”). IPCA does not endorse the Behaviour Analyst or guarantee the results determined by the Behaviour Analyst. IPCA does not have any control over and is not responsible for the appropriateness of the questions, relationship between the answers you provide and the results you receive, or the evaluation and scoring of the answers provided by you on the Job Assessment Questionnaire. IPCA does not guarantee, represent or warrant the correctness or accuracy of the evaluation and scoring of your answers on the Job Assessment Questionnaire. Additionally, IPCA does not receive or view your answers or the results and IPCA does not control, educate, train or inform the Hiring Manager how the results should be interpreted or used in evaluating your Employment Application or your fitness as a potential Subway® Restaurant employee.
Copyright and Trademark
You agree that IPCA, the Subway® Entities and/or their subsidiaries and affiliates hold all rights, title and interest in this Site and all intellectual property rights attached to this Site (including but not limited to text, graphics, logos, icons, sound recordings and software), unless otherwise indicated. Information procured from a third party may be the subject of intellectual property rights owned by that third party.
All materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by IPCA, the Subway® Entities and/or its subsidiaries and affiliates or by other parties that have licensed their material to IPCA.
Subway® marks, including the Subway® logo, on this Site represent some of the marks currently owned or controlled in the United States of America and/or in one or more other countries by DAI, and are used by IPCA with permission granted by DAI. Such Subway® marks may not be reproduced, redistributed or otherwise used without the express written consent of DAI.
Other than for the purposes of, and subject to the conditions prescribed under any relevant legislation which applies in Australia, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means reproduce, redistribute or otherwise use any other materials found on this Site without the express written consent of IPCA. All rights are reserved.
You hereby grant IPCA and/or the Subway® Entities a non-exclusive, irrevocable, worldwide, perpetual license to use, for the purpose of operating this Site any trade mark, copyright or other intellectual property that you provide to IPCA in the course of your use of this website.
Personal and Lawful Use
This Site is provided for your personal use. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Site. You agree to indemnify, defend and hold harmless IPCA, the Subway® Entities and the selected Subway® Restaurant(s) in respect of any claim, loss, action or damage arising out of the information you submit to the Site or from any and all unauthorised uses you may make of any material on this Site. You acknowledge the unauthorized use of the contents could cause irreparable harm to IPCA, the Subway® Entities and the selected Subway® Restaurant(s) and that in the event of any unauthorised use, IPCA, the Subway® Entities and the selected Subway® Restaurant(s) shall be entitled to an injunction in addition to any other remedies available at law or in equity.
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 law of Singapore. You agree that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libellous, abusive or obscene material.
Feedback and Submission of Application
You agree you are and shall remain solely responsible for the contents of any feedback or submissions you make. You agree that all feedback and submissions provided by you is done so voluntarily, non-confidential and gratuitous. You will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
You acknowledge and agree that you are solely responsible for ensuring that all mandatory fields in the application form submitted are completed. A failure to complete any mandatory fields will result in your application not being submitted. You agree to indemnify, defend and hold harmless IPCA, the Subway® Entities and the selected Subway ® Restaurant(s) in respect of any claim, loss, action or damage arising out of any consequences of your application not being successfully submitted via the Site.
IPCA appreciates your interest, however, IPCA does 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 IPCA, the Subway® Entities and their designees, a perpetual, irrevocable, nonexclusive, fully-paid, royalty-free license to use any ideas, expression of ideas, feedback or submissions provided 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 expression of ideas, feedback or submissions provided, and all rights therein, in the name of IPCA, the Subway® Entities 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.
Restrictions on Use
Any and all material 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 IPCA. Any proprietary information remains the sole property of IPCA, the Subway® Entities and selected Subway ® Restaurant(s). The material in the Site is provided for lawful purposes only. IPCA, the Subway® Entities and selected Subway ® Restaurant(s) retain 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.
You agree 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 Singapore, Australia, New Zealand or international laws and/or regulations; (b) posting or transmitting through the Site any information, data, text, files, links, software or other materials that IPCA considers 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 IPCA in its 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 Employment Application or the origin of any Employment Application 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. IPCA reserves the right to investigate and take appropriate legal action against anyone who, in its discretion, engages in any of the prohibited activities.
You agree that IPCA reserves the right but are not obligated to do any or all of the following: (a) investigate an allegation that any Employment Application posted on the Site does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of any Employment Application; (b) remove any Employment Application 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 Employment Application on the Site; or (e) edit or delete any content posted on the Site, regardless of whether such content violates these Terms and Conditions.
You access them at your own risk.
Privacy and Security
IPCA does not guarantee that the functions contained in the Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if IPCA is aware of them. While IPCA uses reasonable endeavours to ensure that this Site is available 24 hours a day, IPCA does not make any representations or warranties that your access will be uninterrupted or error free. Access to this Site may be suspended temporarily without notice in the case of system failure, maintenance or repair or any other reason beyond IPCA's control.
You acknowledge and accept that your use of this Site indicates that you have attained at least the minimum employment age required in Singapore. This Site is for a general audience that is not designed nor intended to collect personal information from children below the minimum employment age requirement in Singapore. IPCA does not knowingly collect personal information from anyone below the minimum employment age requirement in Singapore. We ask that parents supervise their children while online.
These Terms and Conditions are governed by and construed in accordance with the laws of Singapore, Australia and New Zealand. Any actions, suits or proceedings relating in any way to these Terms and Conditions or documents or dealings contemplated by it, may be instituted, heard and determined in a court of competent jurisdiction in Singapore, Australia or New Zealand. Each party irrevocably submits to the nonexclusive jurisdiction of such court for the purpose of any such action, suit or proceeding.
You agree, in the course of using this Site, not to engage in conduct that contravenes these Terms and Conditions or the laws of any applicable jurisdiction.
IPCA can only waive a right we have in writing. If IPCA waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remainder of these Terms and Conditions shall nevertheless continue in full force.
These Terms and Conditions override all prior representations, arrangements, understandings and agreements between the parties relating to their subject matter to the maximum extent permitted by law.
These Terms and Conditions constitute the entire and exclusive agreement and understanding between the parties relating to the subject matter of these Terms to the maximum extent permitted by law.
IPCA reserves any rights not expressly granted in these Terms and Conditions.