Terms of service

What do these terms and conditions regulate?

1.1 This site [www.nandos.com.au] ("Website") is made available by Nando’s Australia PTY LTD ("Nando's", "we", our" or "us").  Any reference to "Nando's", "we", "our" or "us" includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

1.2 These terms and conditions (the "Terms") apply to any person who uses, accesses, refers to, views and/or downloads the information made available by us on the Website for whatever purpose ("Content") (hereinafter referred to as "users", "you" or "your").  The display of Content and your ability to view, access, use, and/or download the Content on the Website shall be referred to as the "Services".

1.3 You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Website and the Services.  You must, at all times, provide your own hardware, software as well as a modem and internet connectivity and telecommunications infrastructure.

Your agreement to these Terms

2.1    By continuing to access our Website or use our Services in any way, you agree that you enter into a legally binding contract with us upon these Terms and our privacy policy which is accessible at [http://www.nandos.com.au/privacy-policy] ("Privacy Policy").

2.2    These Terms, the Privacy Policy, and any additional document we incorporate by reference in these Terms, including, where applicable, (i) the terms and conditions relating to any goods and products ordered online, which are available on the Website ("Online Terms and Conditions"), and (ii) the terms and conditions relating to our loyalty programme which are also available on the Website, constitute the complete and exclusive understanding and agreement between you and us.

2.3    If you do not agree with any term or condition in these Terms, the Privacy Policy, or any policies or additional documents we incorporate by reference, or any subsequent changes thereto or become dissatisfied with us, the Website or our Privacy Policy, you must not continue to use the Website or our Services.

2.4    These Terms may be updated or amended by us at any time in our sole discretion. Each time you use the Website and/or our Services, it is your responsibility to review these Terms and the Privacy Policy in case of any such updates or amendments. If you do not agree to Nando's updates or amendments, you must not continue to use the Website or our Services.

2.5    You may print a copy of these Terms.  If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms, you should contact our support team on [1300 NANDOS (1300 626 367)] or send us an email to [info@nandos.com.au].   

Accessing and the use of the Services

3.1    The Website and the Services available through the Website may contain links to other third party websites, including (without limitation) social media platforms ("Third Party Websites").  If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.

3.2    We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if we are of the view that such Content infringes on another's intellectual property rights or our own.

3.3    Hyperlinks provided on this Website to non-Nando's sites, are provided "as is" and Nando's does not necessarily agree with, edit or sponsor the content on such websites.  No person, business or website may frame this Website or any of the pages on this Website in any way whatsoever.

Loyalty Programs and Competitions (where applicable)

4.1    Nando’s offers loyalty programs in certain countries or territories.  You can check if Nando's offers a loyalty program in your country by visiting our Website.  If we do not offer any loyalty programs in your country or territory, clauses 4.2 and 4.3 of these Terms do not apply to you.

4.2    To the extent Nando's offers participation in certain loyalty program/s, the details are as listed on the Website.  In Australia, Nando’s offers the PERi-Perks program. Should you be a member of PERi-Perks and wish to earn loyalty rewards or discounts on Nando's products, please refer to the PERi-Perks Terms and Conditions, which can be viewed at (below).  

4.3    If you are already a member of the PERi-Perks loyalty program, you can check your points balance by logging in to your profile at www.periperks.com.au/profile or by following the link on the Website.

4.4    Certain parts of the Website may contain competitions or promotions from Nando’s or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Nando’s specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.

Ordering Online - Catering

5.1    Provided that you are ordering goods in a country in which Nando's offers an online ordering service, you can order certain Nando's goods online subject to the Online Terms and Conditions.

5.2   By ordering catering from Nando’s Australia Pty Ltd,  it is understood that you agree and accept the following Terms & Conditions.

5.2.1   Placing your Catering Order: Orders must be placed a minimum of 24 hours notice for orders placed before 3pm (Mon-Thurs) and 48 hours notice for orders placed before 3pm (Fri-Sun) before the catering is required. For larger orders, additional notice may be necessary. Our Nando’s representative will contact you if this is the case. Payment must be made at the time of placing your order. No order will be processed without payment. Nando’s prices are updated from time to time. Items will be charged at the price applicable at the time you submit your order and as shown on the invoice. In the rare case where an item is out of stock or unavailable you will be contacted to make other arrangements.

5.2.2   Minimum Orders: The minimum order for Nando’s catering is $60. Our online ordering system at www.catering.nandos.com.au has minimum quantities for each item. Should you require more flexibility please call 1300 NANDOS (1300 626 367)  and we’ll do our best to accommodate.

5.2.3   Refund Policy: Nando’s has a 100% satisfaction guaranteed policy. If you are not happy with a particular item please let us know and we will refund it. Refunds are only applicable if you inform us by 9pm on the day your order is picked up. To make a return, please contact us either by email at catering@nandos.com.au or phone 1300 NANDOS (1300 626 367) by 9pm the day you pick up your order. If you choose to phone after hours, please leave a message on the voicemail.

5.2.4   Collecting your Order: Nando’s does not deliver catering orders. Nando’s catering orders must be collected from the agreed Nando’s location. This will be confirmed via phone, email, or directly by the Nando’s restaurant.  

5.2.5  Nando’s does not authorise any third party delivery services to deliver our products to you (excluding those who have express authority to deliver our goods on our behalf including, without limitation, Deliveroo Australia Pty Ltd).  If you use a third party delivery service, we take no responsibility for the proper handling and storage of the food ordered through the third party delivery service (including cross-contamination during the delivery process causing our products to contain certain allergens). By using a third party delivery service, you acknowledge and agree that the food you eat is your responsibility and you release Nando’s from any liability whatsoever in contract, tort (including negligence) or otherwise for any loss or damage suffered by you as a result of your use of the third party delivery service.  

5.2.6   Consumption & Labelling of your Order: Please check the food safety stickers on the packaging of your catering order which advise by when the food must be consumed. Generally, Nando’s recommends our food is consumed within four (4) hours of time and date indicated on label.

5.2.7   By disclosing or submitting your personal information to us when ordering catering and creating an account, we will handle the collection, processing and storage of your personal information in accordance with our Third Party Provider’s Privacy Policy which is accessible at http://www.foodstorm.com/privacy

Accuracy of Information

6.1    Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the Content available on the Website, the Content is intended and produced for general information purposes only, and to the extent allowed by law, should not be relied upon by you as specific advice of any kind.

6.2    You understand and agree that the information, details and descriptions set out on this Website, including the details regarding the prices, menus, products, services, and available careers, may change from time to time.  This Website may therefore not always contain the correct or most up-to-date information, details and descriptions relating to our Services.  You are advised to contact us at [http://www.nandos.com.au/contact] before using or relying on the information on the Website.

6.3    You acknowledge that any nutritional advice on the Website is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature whatsoever.

Your behaviour when using the Website and the Services

7.1    You may not use the Website to obtain or distribute:

7.1.1    copyrighted material or material protected by law without our prior written consent; or

7.1.2    material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.

7.2    You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services.

7.3    You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.

7.4    You shall not intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.

7.5    Subject to the further provisions of these Terms, the Website and the Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website or the Content.

7.6    Subject to the further provisions of these Terms, you are not allowed to: (i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.  On notice by Nando's, you agree to stop any activity which Nando's does not consider, in its sole and absolute discretion, to constitute fair use.

7.7    You are permitted to create a hyperlink to the Website so long as the link does not portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content.  You also agree to ensure that any hyperlink to the Website is clearly visible.

7.8    Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.

7.9    In addition, you shall not and shall not allow a third party to:

7.9.1    decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content ("the Software") or any files contained in or generated by the Software by any means whatsoever;

7.9.2    remove any product identification, copyright or other notices, from the Software or documentation;

7.9.3    lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice's hardware; or

7.9.4    disseminate performance information or analysis of the Software from any source relating to the Software.

Intellectual Property Rights

8.1    We reserve all rights (including all intellectual property rights) not expressly granted herein to the Website and the Content we make available on or via the Website.

8.2    You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

8.3    You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein. All moral rights of Nando's and its employees/agents are reserved.

8.4    Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.

8.5    You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.

Collection of Personal Information

9.1    We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our privacy policy further described in our Privacy Policy accessible at [http://www.nandos.com.au/privacy-policy].

9.2    By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy.

Indemnity

10.1    As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:

10.1.1    your use of and access to the Website and/or the Services;

10.1.2    your violation of any term of these Terms;

10.1.3    your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or

10.1.4    any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.

Limitation of Liability

11.1    Subject to clause 11.2 below, neither us nor any of our agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from your use of or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.

11.2    No provision of these Terms (or any contract governed by these Terms):

11.2.1    does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and

11.2.2    requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.

Exclusion of Warranties and Representations

12.1    While the goods and Services sold via the Website may be subject to the additional payment terms and conditions accessible via the Website, to the extent allowed by law, the Website and the Content are supplied on an "as is" basis and have not been compiled or supplied to meet your individual requirements. It is your responsibility to satisfy yourself prior to entering into this agreement with us that the Services available from and through the Website will meet your individual requirements and be compatible with your hardware and/or software.   

12.2    As far as the law allows, the Website and the Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Content.  

Assignment

13.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.

Successors and Assigns

14.1 These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.

Violation of Terms

15.1 Please report any violations of the Terms (including the Privacy Policy or any documents incorporated by reference) that you become aware of by contacting us at [http://www.nandos.com.au/contact].  Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. 

Electronic Communications

16.1    By using the Website and/or the Services, you agree that all agreements, notices, disclosures and other communications sent by you or Nando's satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".  For the purposes of this clause, a "data message" means data generated, sent, received or stored by electronic means.

16.2    You agree specifically that:

16.2.1    the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website and/or Services;

16.2.2    an electronic signature is not required by you or us for purposes of agreeing to these Terms;

16.2.3    your use of the Website and/or the Services is sufficient evidence of your agreement to these Terms;

16.2.4    any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within [Australia];

16.2.5    subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and

16.2.6    subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who has authority to act on our behalf in respect of that data message.

Interpretation and Miscellaneous Provisions

17.1    These Terms and the relationship between us shall be governed and construed in accordance with [Australian] law.  Any disputes arising in connection with these Terms and our Services shall be subject to the exclusive jurisdiction of the [Australian] courts. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.

17.2    The termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

How to contact us

18.1 If you have questions about these Terms, our Privacy Policy or any documents incorporated by reference in these Terms, please contact us at [http://www.nandos.com.au/contact].

PERi-Perks Terms & Conditions

1.      By providing your details and verifying your email account and/or using your Nando's PERi-Perks Card, and/or by downloading and/or using a compatible Application, you agree to these Terms and Conditions.

2.      The Nando's PERi-Perks Membership ("Program") is available in all restaurants in Australia. Purchases made with our Nando’s mobile vans do not accrue any PERi-Perks points (“Points”). Points are not redeemable at any Nando’s mobile vans.

3.      Individuals can become Nando's PERi-Perks Members ("Members") by either: (a) downloading a PERi-Perks Application ("App") for compatible smart phones and devices and following the prompts to register and activate the App; or (b) collecting a PERi-Perks card ("Card") from a participating Nando's restaurant and then visiting www.periperks.com.au/activate to register their details and activate their Card. An email verification process is in place to become a verified member you must verify your email address by clicking on the email sent to you. Only a verified member can redeem perks and Points. Unverified Members can still earn Points via the Card or App but cannot redeem Points and perks until verified.

4.      Individuals under 18 years old must have parental/guardian approval to register for this Program and further, the parent/guardian of the individual must read and consent to these Terms and Conditions. Parents/guardians may be required by Nando’s to enter into a further agreement as evidence of consent to the minor registering for this Program.

5.      Upon verification an Account will be created for the Member. Verified Members who initially become a Member by collecting and activating a Card will also be able to activate the App which will enable them to accrue and redeem Points via the App. Verified Members who initially activate via App will be able to associate a card during the App registration process. Verified Members who have activated their Membership after having collected a Card but who did not enter any card details when prompted in the mobile App should login at www.periperks.com.au/profile and click on "Card transfer" to input card details.

6.      There is a strict limit of one (1) registered Account per Member/person. Each account requires an independent email address that needs to be verified.

7.      Until otherwise advised by Nando’s, one (1) Point will be awarded to a Member's Account for each dollar spent by the Member in a Nando's restaurant in Australia. Points are accrued for full priced items (excluding charity and complimentary items), provided that the Card or App barcode associated with the Account is scanned at the time of purchase. The spend amount per item will be rounded up to the next whole dollar amount. For example: an eligible item with a value of $12.95 will accrue 13 Points; an eligible item with a value of $21.00 will accrue 21 Points; and an eligible item with a value of $25.05 will accrue 26 Points.

8.      Points are accrued for items where payment is made (excluding charity items), provided that the Card or App barcode associated with the Account is scanned at the time of purchase. For the sake of clarity, Members can earn Points for discounted or special-priced items purchases and meal bundles purchases. Purchases of charity items (including but not limited to United Against Malaria merchandise), complimentary items (e.g. complimentary birthday meal or complimentary chips with any main item purchase offer) will not accrue Points but all other items in the transaction that are not complimentary or discounted will. In such cases, Points will not be awarded for the entire transaction.

9.      Where redeeming Points for Nando’s items in Nando’s stores, Verified Members must have enough Points to redeem against the full value of the item using Points alone. Points are redeemed by presenting a Card or App barcode associated with a verified account at the time of purchase. For Points redemptions made in accordance with this clause, alternative payment methods should be used for purchase of other items not covered by Points redemption.

10.   From Oct 1 2014 Eligible Members are entitled to a complimentary regular Nando's meal (being any ¼ Chicken, any item from the Signature range or a Vegetarian Burger or Pita plus a regular side and a regular drink) during the month of their birthday. Verified Members who have transacted within 6 months prior to the start of their birthday month will be eligible for the birthday meal ("PERi-Eligible Members"). PERi-Eligible Members will be sent an email with a barcode for the complimentary meal offer on the 1st day of their birthday month. For example if a PERi-Eligible Member’s birthday is the 6thSeptember they will be sent the email with the meal offer on the 1st September and will have 30 days to redeem the offer, or if their birthday is on the 29th September they will be sent the email with the meal offer on the 1st September and still have 30 days to redeem the offer. The barcode will be valid for 30 days from the date the email is sent. A verified PERI-Perks Card or App account as well as photo identification must be presented to confirm identity and birth date registered on their Account. This offer cannot be redeemed outside the above period regardless of circumstances beyond the Member's control, including but not limited to public holidays, store closures, etc. This complimentary Nando's Birthday meal is non-transferable and cannot be exchanged or taken as cash. Nando's take no responsibility for incorrectly entered birth dates during the registration process. If a verified member registers and joins the program in the month of their birthday no birthday offer will be issued. The member must wait until the following year to receive the offer, if PERi-Eligible.

 

11.   From 06/05/2015, Members will be able to login into periperks.com.au using the email address and password they used to register for the Program and redeem their Points for a reward or rewards in the catalogue of rewards listed on the website. Member’s Points balance will be displayed on the webpage once logged-in so a Member will know the current number of Points associated with their account. The catalogue of rewards listed on the periperks.com.au website will vary, with the number of Points required for redemption of any one reward listed ranging from 150 Points to 3,000 Points. If a Member has sufficient number of Points in their account to redeem a reward they will be able to click on it and fill in and submit the redemption form for that reward. Once the form is submitted, the relevant number of Points relating to the redeemed reward will be immediately deducted from the Member’s account Points balance total. The following terms specifically apply to the online reward redemption program:

a)     To redeem a reward, a Member must, log into the Membership account at periperks.com.au and follow the redemption instructions. Further conditions that apply to making redemptions may be posted at periperks.com.au. A Member may only make a redemption by redeeming the required number of Points from that Member's account for a specific reward. The number of Points that must be redeemed to make any particular Redemption will be specified at periperks.com.

b)     The redeemed rewards will be delivered to the Member in one of the following ways, as determined by Nando’s:

·       by post to the delivery address specified by the Member on the redemption form;

·       by email (by way of voucher or code redeemable through a store, webpage or website) to the Member’s registered login email address or to the email address submitted on the redemption form; or

·       by electronic download from a webpage or website of a reward supplier (which may deliver the reward directly or may deliver a voucher or code redeemable through a store, webpage or website); or

·       by such other method outlined on the redemption form, catalogue of rewards, at www.periperks.com.au, or another form of notification after submission of the redemption form.

c)     Delivery of rewards will take place in Australia only. Delivery address specified on the redemption form must be an Australian address and cannot be a PO Box address.

d)     Rewards will be awarded to the person named on the redemption form, unless otherwise specified.

e)     To the extent permitted by law, Nando’s will not be liable to any Member for any reward which the Member fails to receive due to factors outside of the reasonable control of Nando’s, including due to mail lost by Australia Post. All rewards sent via mail will be sent by registered post and must be signed for on delivery. Nando’s does not take responsibility if a reward is delivered to a person other than the person whom the reward is intended, or in the case of a voucher/code reward, used by a person other than the person whom the reward is intended.

f)      Subject to clause 11(w) below, a reward cannot be exchanged or returned once the redemption form for that applicable reward is submitted online.

g)     Nando’s reserves the right to refuse delivery of a reward to a Member if it has reasonable grounds to believe that the Points accumulated by that relevant Member have been fraudulently obtained.

h)     All rewards are available while stocks last.

i)      If a Member redeems a reward and that reward is unavailable, Nando’s reserves the right to substitute a different item of similar value/type or to credit the Member's account with the number of Points that were deducted for that redemption.

j)      All products advertised as rewards at periperks.com.au may be modified or changed at any time by Nando’s. Points redemption required to redeem a reward may also be modified/changed at any time by Nando’s.

k)      Nando’s is not directly aligned with and does not endorse the reward suppliers; and the reward suppliers are not directly aligned with and do not endorse Nando’s.

l)      Any values attributed to any reward are correct as at the time of publication, but no responsibility is accepted for any variation in the value of any rewards.

m)   Nando’s is not liable for any loss, theft of or damage to any reward sustained in the course of delivery.

n)     Full Points redemption is required to claim any reward. I.e. it is not possible to redeem a reward partly with cash and partly with Points.

o)     Except as provided for in these conditions, or otherwise specifically authorised by Nando’s, Points have no monetary value, or other value, and cannot be redeemed for cash.

p)     A Member's account may only be used by the Member in whose name the account is registered.  Multiple individuals cannot share one Member's Points.

q)     Nando’s is not liable for any unauthorised use of a Member's account, Points, user name or password by third parties, nor is it liable for unauthorised use of a reward code sent to a Member.

r)      Nando’s reserves the right to verify the validity of proposed redemptions and to disentitle any Member who tampers with, or subverts the redemption process or who submits a redemption request that is not in accordance with these Terms and Conditions.

s)      All expenses incurred by a Member as a result of redemption of a reward from www.periperks.com.au are the responsibility of the Member.

t)      Rewards that are available for redemption from www.periperks.com.au may require that the Member have certain hardware or software to receive or access the reward. Nando’s is not responsible should the Member not have adequate hardware or software to receive such a reward.

u)     Where a reward is provided by way of a voucher or code redeemable through a reward supplier’s store, webpage or website, any costs in excess of the voucher or code value and any ancillary costs associated with redeeming the voucher or code are the responsibility of the Member. Nando’s TV are not liable for vouchers or codes that have been lost, stolen, forged, damaged or tampered with in any way. Redemption of the voucher or code may be subject to terms and conditions specified on or supplied with the voucher or code, including a validity period or date of expiry.

v)     Rewards are subject to any terms of the reward supplier.

w)    To the extent permitted by law, all terms, conditions, warranties and representations that might otherwise be granted or implied in relation to rewards or related to this Program in any way by law, are hereby expressly excluded. However, these conditions do not exclude or limit any liability that cannot be excluded or limited, or which cannot be excluded or limited except to a limited extent, by law including liability under the Competition and Consumer Act 2010 (Cth). Where such statutory provisions apply, to the extent to which Nando’s is entitled to do so, Nando’s liability will be limited at its option to: (a) in the case of a supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; (iii) the repair of the goods; or (iv) the payment of the cost of having the goods repaired, and (b) in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again. It is a condition of Member's redemption of any reward that the Member must comply with all of the conditions of use for the reward, and subject to law, the requirements of the supplier of the reward.

12.   Additional rewards and entitlements may be offered at Nando's absolute discretion.

13.   If any reward (or part of any reward) offered under this Program is unavailable, Nando’s, in its discretion, reserves the right to substitute the reward (or that part of the reward).

14.   Members whose Account has not been used for twenty-four (24) months will be contacted three (3) months before the set expiry date and encouraged to make a transaction to prevent their account from expiring. Nando's will automatically close the Account after 24 months of no transactions and any accrued Points and other entitlements will be forfeited.

15.   From time to time, Nando’s may conduct various reward offers, promotions and discount offers which will be open to verified Members (or selected verified Members) only.

16.   The number of Points accrued for eligible purchases required to redeem may change from time to time without prior notice to Members.  This includes but is not limited to special promotions running at Nando's restaurants at selected times.

17.   Point’s balances and rewards offered under this Program are not transferable, exchangeable or redeemable for cash. Points accrued in multiple Accounts cannot be combined.

18.   It is each Member's responsibility to ensure that the correct number of Points has been added or deducted for each eligible transaction. Individuals must notify Nando's of any apparent discrepancy as soon as possible by contacting help@periperks.com.au or 1300 NANDOS (1300 626 367 - Option 1). Nando’s will not be able to add Points related to transactions where a card was not swiped by a Member.

19.   In the case of a lost or stolen Card, Members should visit a Nando's restaurant and request a new Nando's PERi-Perks Card. Verified Members must then log onto www.periperks.com.au/profile, where they can transfer their existing Account information to their new Card by submitting their details. Cards that are reported as lost or stolen will immediately be cancelled and rendered inactive. While every effort will be made to ensure that the full Points balance for the Account is transferred to the new Card, Nando's will not be responsible for any Points lost prior to the transfer (including but not limited to any redemptions that may have occurred while the previous Card was lost). In the case of a lost or stolen phone or in the event a verified Member obtains a new phone, Members must log onto www.periperks.com.au/profile, and follow the prompts to update their password. After the password has been updated, the verified Member can download the Nando's Mobile App to their new compatible phone and log in using their email and new password. All information will sync up to existing verified Member details. While every effort will be made to ensure that the full Points balance for the Account is transferred to the new mobile App, Nando's will not be responsible for any Points lost prior to the transfer (including but not limited to any redemptions that may have occurred while the previous phone was lost). The barcode is not exclusive to the App and should not be shared in the public domain (e.g social media). A photocopy of the barcode can still be recognised to redeem.

20.   The Card and the App will be accepted in Nando's restaurants across Australia. From time to time some restaurants may be prevented from processing a PERi-Perks transaction due to circumstances beyond their control (e.g internet outage). If a restaurant does not accept the Card or App, individuals will be required to visit an alternative restaurant in order to participate in the Program.

21.   Nando's reserves the right to refuse a Card or App should we believe that the use is unauthorised, fraudulent or otherwise unlawful.

22.   No fees will be charged by Nando's for the issue, registration, activation or use of the Card or App. Members are responsible for any costs charged by their service provider for Internet access to use the App or access the Program website.

23.   Should a password be lost or forgotten, PERi-Perks verified Members should go to www.periperks.com.au/profile, where they will be required to enter their email address. Their password will then be sent to their nominated email address associated with their Account.

24.   Members can check their PERi-Perks Point balance at any time through their App or by visiting www.periperks.com.au/profile and logging in with their email address and password. Only verified Members can log into www.periperks.com.au/profile.

25.   Nando's reserves the right to alter the Terms and Conditions of the Program without prior notice. This Program, including any offer or promotion conducted under the Program (e.g. the online reward redemption program), will continue until such time it is terminated by Nando’s. Should the Program be suspended or cancelled at any time Nando’s will notify Members via email or the relevant section of the Nando's website.

26.   Nando’s reserves the right, at any time, to verify the validity of Members, registrations, verification of accounts, and Points accrual and redemption (including a Member’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any Member who Nando’s has reason to believe has breached any of these Terms and Conditions, tampered with the registration, Points accrual/redemption and/or account verification process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Program. Errors and omissions may be accepted at Nando’s discretion. Failure by Nando’s to enforce any of its rights at any stage does not constitute a waiver of those rights. Nando’s legal rights to recover damages or other compensation from such an offender are reserved.

27.   Incomplete or indecipherable Member registrations or reward redemption forms may, at Nando’s discretion, be deemed ineligible for this Program or deemed invalid.

28.   If there is a dispute as to the identity of a Member, Nando’s reserves the right, in its sole discretion, to determine the identity of the Member.

29.   If for any reason the Program is inoperable (including but not limited to computer virus, bugs, tampering, unauthorised intervention, fraud, and technical failures) Nando's reserves the right in its sole discretion to disqualify any individual who tampers with Nando's systems, and to cancel, terminate, modify or suspend the Program. This includes causes beyond the control of Nando's which corrupts or affects the administration security, fairness, integrity or proper conduct of this Program.

30.   Nando’s decision in relation to all matters arising under this Program is final and binding, and no correspondence will be entered into.

31.   Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Nando’s (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of participation in the Program. This includes any technical difficulties or equipment malfunction of any telephone network or line, computer system, equipment, server or provider, software, technical problem or traffic congestion on the Internet (whether or not under Nando’s control), any theft, unauthorised access or third party interference, accrual or redemption of Points, any registration or reward claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Nando’s) due to any reason beyond the reasonable control of Nando’s, use of a Card or App, accepting/using/taking a reward or other entitlement, any tax liability incurred by a Member, or accepting/using/taking a discount offer under the Program, except where liability cannot be excluded by law.

32.   Nando's will not be held responsible for any tax liability incurred by a Member in connection with this Program, including in relation to any reward, discount or entitlement offered.

33.   Nando's will not be held liable for any communication to any Member that is late, lost or misdirected for any reason, including but not limited to, spam filters operating on a Member's email account or other system configuration problems.

34.   Nando's is not responsible for any problems or technical malfunction of any telephone network or line, computer system, equipment, server or provider, software, technical problem or traffic congestion on the Internet (whether or not under Nando’s control). This includes (but is not limited to) any injury or damage to a Member's or any other person's computer related to or resulting from participation in or down-loading of any materials in this Program.

35.   These Terms and Conditions are to be read in conjunction with, and subject to, any additional Terms and Conditions governing any particular reward, promotion, discount or offer operated by Nando's. In the case of any inconsistencies, these Terms and Conditions will prevail.

36.   Information collected from Members at the time of signing up to the Program is subject to the privacy policy listed at www.nandos.com.au/privacy and this clause. Nando's collects personal information in order to conduct the Program and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and reward suppliers. Participating in the Program is conditional to providing this information. Nando's may, for an indefinite period, unless otherwise advised, use the information provided for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Member. Entrants should direct any request to access, update or correct information to Nando's at help@periperks.com.au or 1300 NANDOS (1300 626 367 - Option 1). Details on how to complain about the treatment of your personal information and how such complaints will be dealt with are found in the Nando’s Privacy Policy. Nando’s may share your personal information with entities that are based overseas (“Overseas Recipients”). Nando’s cannot guarantee that any such Overseas Recipients will comply fully with the Australian Privacy Principles in relation to your personal information. Notwithstanding the aforegoing, Nando’s undertakes to take all reasonable steps to ensure that any such Overseas Recipients are bound by terms and conditions substantially similar to those contained in the Nando’s Privacy Policy. By becoming a Member, you acknowledge and consent in respect of the aforementioned transfer of your Personal Data to any such Overseas Recipients on these terms as permitted by the Australian Privacy Principles and agree not to hold Nando’s liable in this regard.

37.   Nando's decisions in relation to all matters arising under this Program are final and binding, and no correspondence will be entered into.

38.   Nando's reserves the right to change or revise these Terms and Conditions at any time.

39.   This Program is being run by Nando's Australia Pty Ltd, ABN 20 079 066 407 of 40 Mollison St, Abbotsford, VIC 3067 (“Nando’s”).

40.   All verified member will receive a monthly statement from Nando’s via email displaying their Points balance and from time to time information and offers. There will be an option in this email to opt out of receiving communication from Nando’s.

41.   Please note Members are unable to change their email address or date of birth in the App or at www.periperks.com.au/profile. If these details need to be updated please email help@periperks.com.au

42.   The laws of Victoria, Australia apply to this Program to the exclusion of any other law.  Members submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Gift Card Terms of Use

Nando’s Australia accepts no liability for unauthorised acceptance and consequential unauthorised redemption of a Gift Card. Please note there is an increased risk of unauthorised acceptance of Gift Cards that are delivered to business Delivery Addresses. Nando’s Australia reserve the right to change any of the terms contained in these Terms of Use at any time where the change is required.

Delivery Terms

These Terms of Use apply to all Gift Cards issued by Nando’s Australia.

Definitions

The following apply to these Terms of Use:

"Agreement" means an agreement between you (customer) and Nando’s Australia to supply Gift Card(s).

"Delivery Address" means the address to which the Gift Card(s) are to be delivered as stated on the Order.

"Expiry Date" means the date, being one (1) year from the date of purchase, after which any remaining funds on any Gift Card will not be available for redemption.

"Gift Card" means a Nando’s Australia Gift Card.

Nando’s Australia” means Nando's Australia Pty Ltd, ABN 20 079 066 407 of 40 Mollison St, Abbotsford, VIC 3067.

"Order" means an order by you to purchase Gift Card(s) from any Nando’s restaurant within Australia or via www.nandos.com.au.

"Personal Information" includes, but is not limited to, your name, Delivery Address and payment details.

A reference to "we", "us" or "our" is a reference to Nando’s Australia.

A reference to "you" or "your" is a reference to the person who is taken to agree to these Terms of Use under clause 1.

1. Agreeing to these Terms of Use

You agree to be bound by these Terms of Use by purchasing, using, or attempting to use a Gift Card or by making a transaction enquiry or exercising any right to redeem value loaded on a Gift Card. By purchasing, using or attempting to use a Gift Card, or by making a transaction enquiry or exercising any right to redeem value loaded on a Gift Card, you warrant to us that you will comply with these Terms of Use and all applicable laws and that the Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers. If you are giving a Gift Card to another person, you should ensure that he or she is aware of the Terms of Use that apply to the Gift Card and the relevant Expiry Date of the Gift Card.

2. Gift Cards

You may purchase up to 50 Gift Cards per Order. A customer must choose the amount loaded on each Gift Card from a pre-determined selection of $25, $50, $75 and a maximum of $100. We cannot change the selection amounts that can be loaded onto a Gift Card via the Nando’s Australia website. However the selection amount does differ in Restaurant. A minimum of $10 and a maximum of $200 can be loaded onto each Gift Card when purchased at any Nando’s Australian restaurant.  Gift Cards cannot be reloaded or recharged with additional value. Your Gift Card is valid for use until the Expiry Date, being one (1) year from the date of its purchase. Any unspent value cannot be redeemed after that time.

3. Payment

You agree to pay the nominated Gift Card value(s) and delivery fee in respect of each Gift Card Order placed.

Method of Payment

You may use Visa, MasterCard or Amex for payment of a Gift Card. Nando’s Australia does not accept other forms of payment for the purchase of Gift Cards at this time. Payment must be cleared before Gift Cards are dispatched. Amex charges will apply.

4. Delivery

Gift Cards are only available for delivery within Australia. All Orders are delivered via Australia Post Registered Post or Express Post to a nominated business or residential address. Registered Post Gift Cards cannot be delivered to a P.O. Box or Locked Bag address.

Delivery of Gift Card(s) to the nominated address will take approximately 5 – 10 working days. Please allow additional time during peak Order periods such as Christmas. Nando’s Australia does not accept responsibility for Orders which do not arrive within the 5 – 10 working day period.

Nando’s Australia will not be responsible for any lost or misdirected Gift Cards, including any Gift Cards lost or misdirected in the mail.

Please note that each Gift Card purchase sent to a different mailing address attracts a separate delivery fee, which cannot be bundled together.

Registered Post Delivery

A person must be at the Delivery Address to accept the Registered Post Gift Card(s) on delivery. Anyone at the Delivery Address who receives the Gift Card(s) shall be presumed to be authorised to receive the Gift Card(s) on your behalf. Please note the increased risk of unauthorised acceptance of Gift Cards that are delivered to business Delivery Addresses. Nando’s Australia accepts no liability for such unauthorised acceptance and any consequential unauthorised redemption of a Gift Card. If there is no-one at the Delivery Address or no-one of the appropriate age to receive the Gift Card(s) (or the person is unable or unwilling to provide appropriate proof of age), a calling card will be left for you to collect the Gift Card(s) from the post office. Nando’s Australia does not accept responsibility for late delivery or non-delivery due to incomplete or incorrect details provided. An Order must be accepted at the nominated delivery address within 30 days from the date it is dispatched. An order will be returned back to Nando’s Australia if it is not collected within 30 business days. An order will be returned to Nando’s Australia if it is not accepted at the nominated delivery address or collected, as applicable, within 30 business days from the date it is dispatched. Returned orders may take up to 14 business days to be received by Nando’s Australia.

5. Refunds/Returns

Gift Cards cannot be exchanged for another denomination or tender (i.e. cash).

Please note that Nando’s Australia is not responsible for and is unable to replace Gift Cards which are lost or stolen.

If you believe a Gift Card has been tampered with prior to receipt, you must contact the Nando’s Australia immediately on 1300 626 367 (Option 1).

Gift Cards cannot be refunded or returned, unless required by law. Delivery fees are non-refundable, unless required by law.

6. Cancellations

Once submitted via the Nando’s Australia website, Orders cannot be cancelled unless required by law.

Nando’s Australia reserves the right to cancel an Order if it is;

Not accepted at the nominated delivery address within 30 days of the dispatch date; or

Deemed by Nando’s Australia to be fraudulent or possibly fraudulent.

7. How and Where to Use the Gift Card

The Gift Card may only be used for purchase of products (e.g. food and drink products) available at any Nando’s outlet within Australia by presenting the Gift Card at the time of purchase. The transaction will be completed when the balance has reduced on your Gift Card. No change will be given: any remaining balance on the card can only be used in whole or part against future purchase. Gift Cards may only be used to make purchases up to the remaining value on the Gift Card. If you wish to make a purchase for an amount that exceeds the remaining value on the Gift Card, you must pay the excess using another payment method.

8. Faulty/Damaged Gift Cards

Faulty or damaged Gift Cards shall not ordinarily be replaced by Nando’s Australia unless the Gift Cards are faulty or damaged as a result of the production process or otherwise due to the fault of Nando’s Australia, its agents or contractors or a participating Nando’s store. However, please contact us to discuss re-issuance in these and other circumstances which may have affected your Gift Card.

9. Gift Card Balance

Gift Card holders can check the balance of their Gift Card by requesting the balance amount with restaurant staff at any Nando’s restaurant in Australia.

10. Privacy and Security

Personal Information collected during the Order process will be used for the purpose of fulfilling the Order, and may be shared with a third party delivery agent and other parties necessary for the purposes of delivering your Order. For further information regarding Nando’s Australia Privacy Policy, please visit http://www.nandos.com.au/privacy-policy. The Nando’s Australia Privacy Policy contains information on how you may access and correct your Personal Information and how you can make a complaint regarding the use of your Personal Information and how such complaint will be dealt with. Nando’s Australia may share Personal Information with entities that are based overseas (“Overseas Recipients”). Nando’s Australia cannot guarantee that any such Overseas Recipients will comply fully with the Australian Privacy Principles in relation to your Personal Data. Notwithstanding the aforegoing, Nando’s Australia undertakes to take all reasonable steps to ensure that any such Overseas Recipients are bound by terms and conditions substantially similar to those contained in this Privacy Policy. By providing your Personal Information, you acknowledge and consent in respect of the aforementioned transfer of your Personal Information to any such Overseas Recipients on these terms as permitted by the Australian Privacy Principles and agree not to hold Nando’s Australia liable in this regard.

11. Liability

You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these Terms of Use. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms of Use. To the maximum extent permitted by law, Nando’s Australia will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause. To the extent permitted by law, in the event that Nando’s Australia, its affiliates, and suppliers are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Gift Card. In no event shall Nando’s Australia, its affiliates, and suppliers have any liability for unauthorised access to, or alteration, theft or destruction of a Gift Card through accident, misuse, or fraudulent means or devices by you or any third party, or as a result of any delay, mistake resulting from any circumstances beyond our control.

12. Risk & Title

Risk and title in the Gift Card(s) passes to you upon payment for the Gift Card(s). Nando’s Australia will not be responsible for any lost or misdirected Gift Cards, including any Gift Cards lost or misdirected in the mail. Nor will Nando’s Australia be responsible for the unauthorised acceptance and any unauthorised redemption of a Gift Card.

13. Applicable law

The laws of Victoria, Australia govern this agreement to the exclusion of any other laws.

Online Ordering (where applicable)

1. Our company details

Nando’s is a company registered in Australia, the registered name is Nando’s Australia Pty Ltd.

2. What we provide

We provide a website order.nandos.com.au and a mobile app (an “App”) for you to communicate your orders ("Orders") for food and drink ("Products") for collection (the “Service”) from one of our restaurants. You may be required to submit your personal details (“Information”) to use our “Service”.

3. Access to our website, our “App” and our terms

You can access some areas of the “Site” and our “App” without placing an Order or registering your details with us. By accessing any part of our “Site” or our “App”, you’ve agreed to these terms. If you don’t accept these, you should leave our “Site” immediately or stop using our “App”, but you won’t be able to order any Products through the “Site” or “App”.

These terms can be reviewed by us at any time. Our current terms for using our “Site” and “App” will always be available on our website. The terms that are in force at the time that you place an Order through us are binding.

You’re responsible for making arrangements to access our “Site”. You also have responsibility for ensuring that anyone who accesses our “Site” or “App” through your Internet connection are also aware of these “Site” Terms and that they comply with them.

4. Use of our “Site” and “App”

You’re permitted to use our “Site” or “App” for your own personal and non-commercial use and not to misuse it. The copyright and other intellectual property rights published on our Website are owned by us. These works are protected by copyright laws and all rights are reserved. Our Website or “App” may not be used, reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without the express written permission of Nando’s.

You assume full responsibility for any associated costs or charges that you incur as a result of using our “Site” or “App”.

5. Access to our website and/or “App”

We make every effort to make sure that our “Site” and “App” is available 24 hours a day. We are not liable if our “Site” or “App” is unavailable at any time or for planned maintenance or other reasons. Access may be suspended temporarily at any time and without prior notice.

6. Your “Information”

When you place an order on our “Site” or “App” you will be required to provide us with information personal to you, including your full name, your email address, your mobile phone number and your payment information (your "Information").

7. Placing your order

You must be at least 18 years old to place an Order through our “Site” or “App” and have the intention of collecting the order within the agreed time limit.

Please note that we do not accept orders from third party takeaway order businesses other than our official partner, Deliveroo.  Nando’s have the right to refuse, without refund, any third party takeaway order business orders placed via the “Site” or “App”.

First, you should select the restaurant that you wish to collect your order from. You should be aware that you cannot change this once you have added "Products" to your order. Once you’ve selected the "Products" that you wish to order and provided the other required “Information”, you will be given the opportunity to submit your Order. You should check all of the information that you enter and correct any errors before submitting your order, as we’ll begin processing your Order and will be unable to correct any errors.

You may place an order for collection on the same day that the order is placed.

If your payment is not authorised, your Order will not be sent through to the Restaurant or fulfilled.

8. Prices and payment

You will be charged as per the prices that are stated on our “Site” or “App” and they are inclusive of GST. In any instances where the price on the “Site” or “App” is an incorrect lower price, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

You must pay for your Takeaway Order using an accepted credit or debit card or a gift card through our “Site” or “App”. The amount will be debited from your account in the timescales set by your card or account provider. If you are a Loyalty Member with Nando’s Australia, you may also use your accrued Loyalty Points to pay for the full amount of the order.

9. Discounts

Discounts or promotions are not available when ordering on our “Site” or “App”. You should telephone your chosen restaurant directly to place your “Orders” for "Products".

10. Cancelling or amending your “Orders”

You may cancel or change your order after it has been submitted and payment has been authorised but this is only permissible up to 30 minutes before your chosen collection time. This can be done by telephoning the restaurant directly. No refund will be permissible if the attempt to cancel is made with less than 30 minutes until your chosen collection time.

If you cancel or change your “Orders”, your original payment will still be processed. Where you are eligible for a refund, you can obtain this by contacting our Customer Care team by telephone on 1300 626 367 during business hours.  We will process refunds within seven working days.

If, due to unforeseen circumstances we are unable to fulfil your “Orders” or if one of our “Products” is no longer available, we may contact you before collection and seek to replace the unavailable item with another item of a similar value or we will refund the amount that you have paid. You may obtain a refund by contacting our Customer Care team.

Any refund request must be submitted by the customer to our Customer Care team within 48 hours of placing the initial order.

11. Collecting your order

You should arrive at the restaurant at the time you have selected to collect your order. Please make yourself known to one of the Restaurant Team and tell them the name under which you’ve placed the order. You might be asked to show the card to a member of our Restaurant team as proof of your identity and so we can check that the card matches with the receipt data for your Order. We will endeavour to have your order ready for you to collect.

12. Customer Service

Customer care is extremely important to us. Our Customer Care team will try to assist you within working hours, if you have any problems with your Order. Their contact details are available on our website.

13. Security

The transmission of information via the internet is not completely secure and data is submitted at your own risk. Although we take the steps required by law to protect your information, we can’t guarantee the security of your data transmitted to the “Site”.

14. Links to and from other websites

You may link to the Nando’s online takeaway homepage long as you do so in a fair and legal way and that will not cause damage or take advantage of our reputation. You shouldn’t link from a website that isn’t owned by you or that suggests a form of association with or endorsement by us. We have the right to withdraw linking permission at any time and for any reason.

15. Disclaimers

We do our best to ensure that information on our “Site” and “App” is correct but we can’t promise it is accurate or complete. We may make changes to the material on the “Site”, or to the Service, products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

Nothing in these “Terms” affects your statutory rights.

We do our best to ensure that our product names, descriptions, prices, nutritional information and allergenic warnings are accurate. If you are in any doubt about the contents of any of our "Products", you should confirm with the Restaurant directly before you place your order.

16. Termination of use

We may terminate or suspend your right to use or place orders from our “Site” or “App” immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have breached the Terms of our “Site”.

17. Your privacy

We’re committed to protecting your privacy and security. All “Information” that we collect from you will be processed in accordance with our Privacy Policy which is available to view on our website.

Our privacy policy includes an explanation of our cookies policy.

18. Our “Site”, “App” and the law

These Terms are governed by and written in accordance with Australian law. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Australian courts. To the fullest extent permitted by law, and other than in respect of death or personal injury caused by negligence on our part, Nando’s will all liability arising out of its supply of the Products or your use of our “Site” or “App”.

Nando’s products are sold on a direct to customer basis, where the person who places the order online or using our “App” collects their order in person for the purposes private consumption. You must not re-sell of our "Products" ordered on our “Site” or “App” for your own commercial gain or use.