Privacy Policy

TERMS AND CONDITIONS

THESE TERMS
AND CONDITIONS APPLY TO THE WEBSITE www.SubwayMALTAtogo.com. PLEASE READ THIS
STATEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS THEN YOU SHOULD NOT ACCESS THIS SITE. ACCESS OF THIS SITE BY YOU
SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

USER TERMS & CONDITIONS OF USE

By entering this Internet Site (‘www.SubwayMALTAtogo.com ’) you are agreeing to be bound by
the User Terms and Conditions of Use set forth below (the ‘Terms and
Conditions’). If you do not agree to the following terms and conditions, do not
use this site.

By entering this site you acknowledge
and agree that this site will only be construed and evaluated according to
Maltese Law. If you use this site from other locations you are responsible for
compliance with any and all applicable local laws. Baymedia Ltd makes no
representations that the materials contained within this site are appropriate
for locations outside the Maltese Islands. Any and all information contained in
this site, including but not limited to information regarding products and
services, applies only to those provided or offered within the Maltese Islands.

Materials featured on this website
are copyright of BayMedia Ltd and are covered by the provisions of the
Copyright Act, by Maltese laws, policies, regulations and international
agreements. This copyright material may be downloaded, displayed, and
reproduced in an unaltered form only (retaining this notice) for personal,
non-commercial use or for internal circulation within an organisation.

Authorisation to reproduce material
from sites linked to this website must be obtained from the copyright holder
concerned. To obtain permission to reproduce materials from this website,
requests and enquiries should be sent by email to [email protected]

By entering this site you acknowledge
and agree that your use is at your own risk and that none of the parties
involved in creating, producing, or delivering this site is liable for any
direct, incidental, consequential, indirect, or punitive damages, or any other
losses, costs, or expenses of any kind (including legal fees, expert fees, or
other disbursements) which may arise, directly or indirectly, through the
access to, use of, or browsing of this site or through your downloading of any
materials, data, text, images, video or audio from this site, including but not
limited to anything caused by any viruses, bugs, human action or inaction or
any computer system, phone line, hardware, software or program malfunctions, or
any other errors, failures or delays in computer transmissions or network
connections.

Although the specifications,
features, illustrations, equipment and other information contained in the site
are based upon up-to-date information, and while Baymedia ltd makes all
reasonable efforts to ensure that all material on this site is correct, accuracy
cannot be guaranteed and Baymedia Ltd makes no warranties or representations as
to its accuracy. All content information and materials contained in this site
are provided to you ‘As Is’ without warranty of any kind, either express or
implied, including, but not limited to, the implied warranty of
merchantability, fitness for a particular purpose, title and non-infringement.

Do not post on this site, or transmit
to this site, any pornographic, obscene, profane, defamatory, libelous,
threatening, unlawful or other material which could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil
liability, promote the excessive or irresponsible consumption of alcohol, or
otherwise violate any law or regulation. Notwithstanding the fact that Baymedia
ltd or other parties involved in creating, producing, or delivering this site,
may monitor or review transmissions, posting, discussions, or chats, Baymedia
ltd and all parties involved in creating, producing or delivering this site,
assume no responsibility or liability which may arise from the content thereof,
including but not limited to claims for defamation, libel, slander, obscenity,
pornography, profanity, or misrepresentation.

By entering this site you acknowledge
and agree that any communication or material you transmit to this site or Baymedia,
in any manner and for any reason, will not be treated as confidential or
proprietary, except as provided in our Privacy Policy below. Furthermore, you
acknowledge and agree that any ideas, concepts, techniques, procedures,
methods, systems, designs, plans, charts, or other materials you transmit to Baymedia
Ltd may be used by the company anywhere, anytime, and for any reason
whatsoever.

By entering this site you acknowledge
and agree that any name, logo, trademark, or servicemark contained on this site
is owned or licensed by Baymedia Ltd and may not be used by you without prior
written approval. Baymedia Ltd will aggressively enforce its intellectual
property rights to the full extent of the law. Sound, graphics, charts, text,
video, information, or images of places or people are either the property of Baymedia
Ltd or used on this site with permission. Your use of any of these materials is
prohibited unless specifically provided for on the site. Any unauthorized use
of these materials may subject you to penalties or damages, including but not
limited to those related to violation of trademarks, copyrights, privacy, and
publicity rights.

Although this site may be linked to
other sites, Baymedia Ltd is not, directly or indirectly, implying any
approval, association, sponsorship, endorsement, or affiliation with the linked
site, unless specifically stated therein. By entering this site you acknowledge
and agree that the Baymedia Ltd has not reviewed all the sites linked to this
site and is not responsible for the content of any off-site pages or any other
site linked to this site. Your linking to any other off-site pages or other
sites is at your own risk.

Baymedia Ltd reserves the right to
revise this legal information at any time and for any reason and reserves the
right to make changes at any time, without notice or obligation, to any of the
information contained on this site. By entering this site you acknowledge and
agree that you shall be bound by any such revisions. We suggest periodically
visiting this page of the site to review these terms and conditions.

PAYMENTS

Baymedia Ltd is responsible for the
transaction carried out on this website through the intended platform. If there
is any issues with a payment please call BayMedia on 22588725 or
[email protected].

The online ordering application
is owned and operated by the licensor of the license agreement regarding the
use of the application in order to order online. Baymedia Ltd is responsible
for the transaction carried out on this website through the intended platform.
If there is any issues with a payment please call BayMedia on 22588725 or
[email protected]
Without affecting the generality of the present Terms and Conditions and for
the sake of clarity You must also respect the license agreement regarding the
use of the application in order to order online.

The Restaurant shall make all the
necessary diligences to ensure that the information in relation with the online
ordering is accurate and reliable. However, this cannot be infallible and
errors may sometimes occur. You should take appropriate steps to verify all
information in relation with the online ordering before using it. To the
maximum extent permitted according to the applicable law, the Restaurant
disclaims any warranty or representation of any kind, whether express or
implied, as to any matter whatsoever relating to the online ordering, including
without limitation the availability of the online ordering application.

The Restaurant may from time to
time revise the information in relation with the online ordering application
and/or process and reserves the right to make such changes without any
obligation to notify any past, current or prospective clients. In no event
shall the Restaurant be liable for any indirect, special, incidental or
consequential damages arising out of any use of the information contained
herein and/or in relation with the online ordering process.

By ordering online, you
acknowledge and agree that the use of the online ordering application and/or
processes at your own risk and the maximum extent permitted according to the
applicable law, in no circumstances, shall We be liable for any direct,
indirect, incidental, special, consequential, or punitive damages, losses,
costs or expenses nor for any loss of profit that results from the use of, or
inability to use this online ordering and/or any application and/or material on
any site linked to this online ordering application (including but not limited
to any viruses or any other errors or defects or failures in computer
transmissions or network communications) even if We have been advised of the
possibility of such damage. In addition, no liability can be accepted by Us in
respect of any changes made to the content of the online ordering application
and/or process by unauthorized third parties. All express or implied warranties
or representations are excluded to the maximum extent permitted according to
the applicable law.

The online ordering application
and/or process may include content, information or links to third parties or
third party sites. The Restaurant is not responsible for the content of any
such sites or neither for the content of any third party advertising or
sponsorship nor for compliance of such with any regulations. The links may be
accessed at the user’s own risk and the Restaurant makes no representations or
warranties about the content, completeness, or accuracy of these links or the
sites hyperlinked to this ordering online application. You agree to hold
harmless and relieve the Restaurant from any liability whatsoever arising from
your use of information from a third party or your use of any third-party
website.

Except otherwise expressly
mentioned, all the information in relation with the online ordering application
(including without limitation the images, buttons and text) are property and/or
available with the permission of the licensor of the license agreement
regarding the use of the application in order to order online and holds usage
rights over them and, may not be copied, distributed, or reproduced or
transmitted in any form or by any mean, electronic, mechanical, photocopying,
recording or otherwise, without its prior written permission.

The content referring to specific
products (e.g. food items), arrangement and texts layout of the online ordering
application and/or process, the trademarks, and any other content, are
proprietary and are protected according with the legal regulations in force and
cannot be used in any way without the express written permission of the
Restaurant.
The Client does not obtain any license or right regarding the information in
relation with the online ordering and/or application.

If you decide to order online
using the online ordering application, you may be asked to provide full contact
details and/or to create an account and you may need to accept cookies. You
must keep your data confidential and must not disclose it to anyone. The
Restaurant reserves the right to suspend the use of the online ordering
application and/or process if you breach the Terms and Conditions.

You acknowledge and agree that
all orders are treated as an express intention to purchase the nominated
products and/or services for the agreed online prices and We treat this as an
binding offer from you to purchase such products and services. Any variations
must be in writing, otherwise they will not be binding on either party.

The acceptance of any order for
any of the products and/or services shall be at the entire discretion of the
Restaurant. Our acceptance of an order may occur when you receive an on-screen
message and/or email notification and/or an SMS, confirming your order.

The Restaurant reserves the right
to refuse any service, terminate your access to the online ordering application
and/or process, remove or edit any content or accept your order/s in its sole
discretion and without prior notice to you.
The Restaurant’s online ordering application must only be used by persons over
the age of eighteen (18) years, or the minimum legal age as permitted by the
law or otherwise under the supervision of an adult or guardian.

Any products and/or services provided
through the online ordering application are done so on an “as is" and
“if available" basis and the Restaurant expressly excludes any
warranties, conditions, representations or other terms with respect to the
online ordering or the content or products displayed on it, whether express or
implied, unless expressly stated to the contrary.

The pictures of the products are
for presentation only. The ordered products may have differences (e.g. color,
form, etc.) towards the photos existing on the site. The Restaurant is not
liable in any way if the description of products is not complete.

Delivery orders are also subject
to: i) A Maltese address falling in the defined delivery area of the
Restaurant; ii)Availability of the restaurant being online for accepting online
orders; iii) Your Order may be subject to a minimum amount per order;
You can pay by any of the methods listed in our checkout screen. Please make
sure that if your order is placed using a credit or debit card, the card is
valid on the date of your order placement. The Restaurant may provide no
refunds to the orders paid online. Contact Us directly to settle any payment
dispute or refund claim.

The online order once placed
cannot be modified or cancelled either through the website or offline by calling
the restaurant. Anyhow, if you wish to cancel or complain about your order,
please call your local restaurant service location, details of which will be
included in the confirmatory e-mail sent to you upon placing your order and We
can see how we can help you.

Minimum order delivery is 25 Eur.
For order 50 Eur o rover the delivery is free. For other orders a 2.50 Eur
surcharge will be added to your order.

We will aim to provide you with
your ordered products as close as possible to your requested delivery/collection
time but we cannot guarantee the delivery time in all the cases. Delivery time
may be affected due to bad weather or traffic conditions. This is to ensure the
safety of our riders. Delivery service may be temporarily unavailable in selected
areas due to bad weather or unforeseen circumstances.

The Client agrees to accept
delivery of the Products at the agreed time and place of delivery. If you have
chosen for the Products to be delivered, the Restaurant will deliver the order
to the main entrance of the delivery address but any deliveries carried into
the delivery address will only be made if the driver and you consent to this.
If you are not present to take delivery of the goods at the address given in
your order, then We will not refund you the price for your order and will
charge you for the full amount of your order.

Risk in the Products shall pass
to the Client on delivery. Any software service/software is used and/or
downloaded at your own risk. If you are in any doubt as to the suitability of
the software service/software to be used and/or downloaded for your computer it
is recommended that you obtain specialist advice before using and/or
downloading it.

You are responsible for
maintaining the confidentiality of your personal details, password and payment
details. You agree to accept full responsibility for all your activities in
relation with the online ordering (application).

BayMedia Ltd will not store any
card information whatsoever and only using your card information to transfer
your allocated funds to a PCI-DDS gateway.

You may not assign, sub-license
or otherwise transfer any of your rights under these terms and conditions. In
case any provision of this agreement is and/or becomes void, illegal, invalid
or inapplicable, it shall not affect the validity or the applicability of the
other contractual clauses, which shall continue to be in force and to produce
legal effects as if the void, illegal, invalid or inapplicable clause was not
part of this agreement.

This Terms and Conditions do not
affect your statutory rights.

The Restaurant trademarks, as
well as the related trademarks of others and related proprietary property are
protected from copying and simulation under national and international laws and
are not to be reproduced or copied without the express written permission of
the Restaurant.

To the fullest extent permitted
by law, the Restaurant excludes all liability arising out of its supply of the
Products and in particular shall not be responsible for any loss or damage,
arising directly or indirectly out of or in connection with delay beyond the
estimated delivery or pickup time; any circumstances over which the Restaurant
had no control of the consequences and which the Restaurant could not avoid by
the exercise of reasonable care, or any indirect or unforeseeable loss suffered
or incurred by the Client or others. In any event, the Restaurant’s liability
to the Client shall not exceed the total price charged for the relevant
products/and or services.

By accepting these terms, you
understand and agree that, you are waiving your right to resolve any dispute with
Baymedia Ltd through a Court of Law. You are also agreeing that
any claim
or dispute (whether in contract, tort, or otherwise) arising from or related to
the online services or these terms will be resolved exclusively by final and
binding arbitration
in accordance with Part IV
(Domestic Arbitration) of the Malta Arbitration Act, 1996 and the Arbitration
Rules of the Malta Arbitration Centre as at present in force. T
he
arbitrator’
s decision shall be based on these terms and in accordance with the laws in force in Malta from time to time. You and Baymedia Ltd empower the arbitrator with the exclusive authority to
resolve any dispute relating to the interpretation, applicability or
enforceability of these terms or formation of this contract, including the
arbitrability of any dispute and any claim that all or any part of these terms
are
null or void.

PRIVACY POLICY

Your privacy is important to Baymedia
Ltd. We want you to feel confident about the privacy and security of your
personal data and therefore we have developed a website privacy policy which
includes all the rights granted to you by the General Data Protection
Regulation (GDPR). We hope the following policy will help you understand how we
collect, use, and safeguard the personal data you provide to us through our
website.

In this policy, “we” and “us” refers
to Baymedia Ltd and “our” shall be construed accordingly. If you have any
questions regarding privacy issues, you may write to our Data Protection
Officer at the addresses below.

1. We do not obtain any personal
data, that is, information that identifies you as an individual other than that
which you choose to provide. We only collect information that we believe to be
relevant to conduct our business, for marketing purposes and to monitor the
improvement of our products. At times we may request that you voluntarily supply
us with personal information, such as your email address and postal address,
for purposes such as corresponding with us, registering at a site, making a
purchase, or participating in an online survey or competition.

2. We collect and use personal data to
send direct marketing material on our products, promotions and offers that may
be of interest to you, to provide you with information that you request, to
respond to feedback that you submit to the sites, to allow you to participate
in any of our online surveys and competitions and generally to be able to
correspond with you after we receive a request from you. 

3. We collect, use and keep any
personal information given to us by you, strictly for the purposes indicated in
this policy and as described in our website and in strict adherence to GDPR.

4. If you browse our website, you do
so anonymously: we do not collect personal information – such as your email
address. We do log your IP address (the Internet address of your computer) and
we use technologies to give us an idea of which parts of our website you visit
and how long you spend there. But we do not link this information to anything
personally identifiable. The only other information automatically provided to
us is the type of computer and operating system you are using. Your browser
automatically supplies us with this information.

5. In some of our customer email
communication, we use a device called a “clickthrough URL.” When you click on
one of these URLs, you pass through our system before arriving at the website
that is your true destination. We use clickthroughs to determine the level of
interest in particular topics and to measure the effectiveness of our
communications. We do not share this data with anyone, and we make no attempt
to match click-throughs to particular email addresses.

6. We do not send unsolicited mail,
messages or junk mail. Customers have a right to request not to receive direct
marketing material by writing to us at the address below. 

7. We do not provide any third
parties with any information that you provide unless obliged to do so by law,
by court order or with your specific consent.

8. Market research using customer
information is only carried out so that we may understand our customers’ needs
and business trends and in order to develop and improve our products.

9. Third party service providers may
be contracted to provide services to us. For this purpose, we will need to
provide such companies/organisations with the necessary personal data. We will
make it mandatory on such companies/organisations to strictly comply with all
applicable provisions of law when processing your personal data in the
provision of their services to us.

10. Authorised third parties,
including external service providers, with permitted access to your information
are specifically required to apply appropriate security measures to appropriate
technical and organisational security measures that may be necessary to
safeguard the personal data being processed from unauthorised or accidental
disclosure, loss or destruction and from any unlawful forms of processing.

11. All reasonable efforts are made
to keep customer information up-to-date. You will help us take prompt and
efficient action by informing us of any changes to your personal data by
sending us an email or writing to us at the addresses provided below.

12. You may write to us at the same
addresses if you would like to know what personal information we hold about
you.

13. We strive to invest in the latest
security technologies available and maintain strict information security
policies designed to prevent unauthorised access to your information by anyone,
including our staff.

14. All our staff are aware of their
responsibility for maintaining customer confidentiality and complying with our
information security policies.

15. Links that we provide to third
parties websites are clearly marked and we are not in any way responsible for
the content of such websites. We suggest that users should read the privacy
policies of such third-party websites.

16. By using this website, you
signify your assent to our privacy policy. If you do not agree to this policy,
please do not use this site.

17. We reserve the right, at our
complete discretion, to change, modify, add and/or remove portions of this
policy at any time. Your continued access to or use of our website will mean
that you agree to any and all changes.

COPYRIGHT

Materials featured on this web site
are copyright of Baymedia Ltd and are covered by the provisions of the
Copyright Act, by Maltese laws, policies, regulations and international
agreements. This copyright material may be downloaded, displayed, and
reproduced in an unaltered form only (retaining this notice) for personal,
non-commercial use or for internal circulation within an organisation.

Authorisation to reproduce material
from sites linked to this website must be obtained from the copyright holder
concerned. To obtain permission to reproduce materials from this website,
requests and inquiries should be sent by e-mail to [email protected]

EDITOR OF THIS SITE

Baymedia, DELF Building,
Sliema Road, Gzira, GZR 1637, Malta

email: [email protected]