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PERi-Perks Terms and Conditions

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1. The Program is operated and managed by Nando's Australia Pty Ltd ABN 20 079 066 407 of 40 Mollison Street, Abbotsford, in the State of Victoria 3067 (“Nando’s”).

2. By providing your details, verifying your unique email address and mobile phone number, using your Nando's PERi-Perks Card, downloading and/or using a compatible application, you agree to these Terms and Conditions.

3. The Nando's PERi-Perks Membership ("Program") provides its members with benefits (perks), including PERi-Perks points (“Points”), and is available in all Nando’s restaurants in Australia and on all orders placed via the Nando’s App (defined below) or at www.nandos.com.au (Nando’s Website), excluding purchases made from third-party aggregate partners, including UberEats, Deliveroo, Menulog, DoorDash and Google Food Ordering.

4. Individuals can become Nando's PERi-Perks Members ("Members") by either:

a. downloading the Nando’s Application ("App") for compatible smartphones and devices and following the prompts to register and activate the App;

b. collecting a PERi-Perks card ("Card") from a participating Nando's restaurant and visiting https://www.nandos.com.au/peri-perks (“Website”) to register their details and activate their Card; or

c. placing an online order via the Nando’s Website or App.

5. Once an individual has registered their name, email address and mobile phone number via the App or Website, or registered a Card via the App or Website, they must verify their account by clicking on the link sent to them via SMS, as only a verified Member can redeem perks and Points. Unverified Members can still earn Points via the Card, App or the Nando’s Website but cannot redeem perks or Points until verified.

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

7. Verified Members must authenticate their device each time they sign into their Account (defined below) on a new device using 2 Factor Authentication.

8. Upon verification of a Member, a PERi-Perks Account (“Account”) will be created for the Member. Verified Members who initially become a Member by collecting and registering a Card will be able to activate the App which will enable them to accrue and redeem Points via the App or the Nando’s Website. Verified Members who initially become a Member by activating via the App or the Nando’s Website will be able to associate a Card during the App or the Nando’s Website registration process. Verified Members who activated their Program after collecting a Card, but who did not enter any Card details when prompted in the App, should access the Website and select Contact Us.

9. There is a strict limit of one (1) registered Account per Member/person. Each Account requires an independent email address and mobile number. The mobile number needs to be verified. Members are not permitted to share an Account or barcodes for Program offers.

10. Unless otherwise advised by Nando’s, one (1) Point will be awarded to a Member's Account for each dollar they spend on full-priced items, discounted or special-priced items (excluding centre staff discounts, staff discounts and Emergency Services discounts) and meal bundle purchases (excluding charity items, complimentary items and gift cards), where payment is made by the Member either via an online order placed on the App or the Nando’s website, or the member barcode is scanned within a Nando’s restaurant in Australia before the transaction is finalised. 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.

11. For clarity, purchases of charity items (e.g. United Against Malaria merchandise), complimentary items (e.g. complimentary birthday meals or complimentary chips with any main item purchase offer) and gift cards will not accrue Points, however, all other eligible items in the transaction will accrue Points. In such cases Points will not be awarded for the entire transaction, but only those parts of the transaction that are eligible to earn Points, except centre staff, staff and Emergency Services discounts which will not earn Points on the entire transaction.

12. Where redeeming Points for Nando’s items in Nando’s restaurants or via the App or Nando’s Website, verified Members must have enough Points to redeem against the full value of the item using Points alone. Points are redeemed by presenting a Member barcode associated with a verified Account, or the verified Member Account is logged in on the App or the Nando’s Website 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.

13. Where redeeming coupons or vouchers issued by Nando’s, verified Members cannot pay for the coupon or voucher transaction using Points.

14. Members are entitled to receive the following, which are subject to the further individual terms and conditions of each offer listed in the App or the offer email sent to the Member:

a. from 1 July 2020, one AUD $15.00 Nando’s voucher (Birthday Voucher) during the month of their birthday, where the Member has transacted within 6 months prior to the start of their birthday month, verified their Account and entered their date of birth within their Member profile in the Account ("Eligible Members"). Eligible Members will be sent an email with a barcode for the Birthday Voucher on the 1st day of their birthday month (e.g. if an Eligible Member’s birthday is the 6th or the 29th of September they will be sent the email with the Birthday Voucher on the 1st of September and will have 30 days to redeem the offer). The barcode will be valid for 30 days from the date the email is sent and cannot be redeemed outside of this period, regardless of any circumstances beyond the Eligible Member's control (including but not limited to public holidays or restaurant closures). A verified Card or App and photo identification must be presented by the Eligible Member to confirm their identity and birth date registered on their Account. Nando's takes no responsibility for incorrectly entered birth dates. If a Member registers and joins the Program in the month of their birthday, no Birthday Voucher will be provided, the Member must wait until the following year to become an Eligible Member and receive the Birthday Voucher, if they are considered an Eligible Member at that time;

b. upon verification of their account as a new member, a barcode for one complimentary regular chips or regular PERi-PERi chips with the purchase of any main item (excluding Starters, Sides, Extras, Desserts, Drinks and Catering) will be sent via email and issued in the App to be redeemed in a restaurant or via online ordering. The barcode will be valid for 3 months from the date the email is sent, subject to change at Nando’s sole discretion. Offer is not valid with catering, delivery.

c. from 6 May 2015, Members can login into the Website 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. Once a Member is logged into the Website using their Account, their Points balance will be displayed so that a Member will know the current number of Points associated with their Account. The catalogue of rewards listed will vary, depending on the number of Points required for redemption of any one reward, ranging from 20 Points to 10,000 Points. If a Member has enough Points in their Account to redeem a reward, they will be able to click on the reward and fill in and submit the redemption form. Once the form is submitted, the relevant number of Points relating to the redeemed reward will be deducted from the total Points balance in the Member’s Account within 7 days. The following terms specifically apply to the online reward redemption program portion of the Program:

i. to redeem a reward, a Member must use their registered email address and password to log into their Account on the Website and follow the redemption instructions. A Member may only make a reward redemption by redeeming the required number of Points, which will be specified on the Website for each reward, from their Account. Further conditions that apply to making redemptions may be posted on the Website from time to time;

ii. From time to time, Nando’s may run a sale through the online reward shop in the App where the Points required for specific items are reduced for a limited time. Where rewards are redeemed on sale, no Points or reward items will be refunded for rewards redeemed outside the sale period.

iii. the redeemed rewards will be delivered to the Member in one of the following ways, as determined by Nando’s in its sole discretion, by:

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

b) email (e.g. a voucher or code redeemable through a restaurant, webpage or website) to the Member’s registered Account login email address or to the email address submitted on the redemption form;

c) 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

d) such other method outlined on the redemption form, catalogue of rewards on the Website or another form of notification after submission of the redemption form.

iv. delivery of rewards will take place in Australia only. The delivery address specified on the redemption form must be an Australian address;

v. rewards will be awarded to the Member, unless otherwise specified and approved by Nando’s in its sole discretion;

vi. subject to subclause xxi below, a reward cannot be exchanged or returned once the redemption form for that applicable reward is submitted online;

vii. 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;

viii. all rewards are available while stocks last. If a Member redeems a reward that is unavailable, Nando’s reserves the right to substitute a different item of a similar value and/or type or to credit the Member's account with the number of Points that were deducted for that redemption;

ix. all products advertised as rewards on the Website, and the number of Points required to redeem a reward, may be modified or changed at any time by Nando’s;

x. 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;

xi. any value attributed to any rewards are correct as at the time of publication, but Nando’s accepts no responsibility for any variation in the value of any rewards;

xii. full Points redemption is required to claim any reward, it is not possible for a Member to redeem a reward partly with cash and partly with Points;

xiii. except as provided for in these terms and conditions, or otherwise specifically authorised by Nando’s, Points have no monetary or other value and cannot be redeemed for cash;

xiv. an Account may only be used by the Member whose name the Account is registered in. Multiple individuals cannot share one Member's Points;

xv. Nando’s reserves the right to verify the validity of proposed rewards redemptions, and to disentitle any Member who tampers with or subverts the redemption process, or who submits a redemption request inconsistent with these terms and conditions;

xvi. all expenses incurred by a Member by redeeming a reward from the Website are exclusively the responsibility of the Member;

xvii. rewards available for redemption through the Website may require the Member to 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 or access such a reward;

xviii. 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 redemption, are the responsibility of the Member. Nando’s is 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 further terms and conditions of the reward supplier or as specified on, or supplied with, the voucher or code, including a validity period or date of expiry;

xix. the Member must comply with all conditions of use for the reward, and subject to applicable laws, the requirements of the supplier of the reward;

xx. to the maximum extent permitted by law, Nando’s will not be liable to a Member for any reward which a Member fails to receive due to factors outside of Nando’s reasonable control, including but not limited to lost or stolen mail or damage sustained during transit and delivery, nor for any unauthorised use of an Account, Points, username or password by third parties. Nando’s does not accept responsibility if a reward is delivered to a person other than the person whom the reward is intended, or for voucher/code rewards, used by a person other than the person whom the reward is intended;

xxi. to the maximum extent permitted by law, all terms, conditions, warranties and representations that might otherwise be granted or implied in relation to rewards, or related to the Program, are hereby expressly excluded. However, these conditions do not exclude or limit, or attempt to exclude or limit, any liability that cannot be excluded or limited by law, including under Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law (Non-Excludable Guarantees). 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, the:

1) replacement of the goods or the supply of equivalent goods;

2) payment of the cost of replacing the goods or of acquiring equivalent goods;

3) repair of the goods; or

4) payment of the cost of having the goods repaired; and

b) in the case of services, the:

1) supply of the services again; or

2) the payment of the cost of having the services supplied again.

15. Additional rewards and entitlements may be offered to Members at Nando's sole discretion.

16. From time to time, Nando’s may, in its sole discretion, reward Members with tickets or invitations to Nando’s affiliated or sponsored events, in which case:

a. Members must advise Nando’s in writing (to periperks@nandos.com.au) if they are unable to accept the reward (including physical attendance at an event) no less than 48 hours before the event date and time; and

b. Members must, while attending the event, conduct themselves in a respectful and safe manner, ensuring that they do not cause or inflict harm or damage to other event patrons, event staff, Nando’s staff, the event or Nando’s property; and

c. if a Member fails to adhere to this clause, Nando’s may cancel the Membership and expire the Points in Nando’s sole discretion.

17. If any reward (or any 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).

18. Points will expire, and be forfeited, if no transactions are made on an Account for a consecutive period of 365 days. Nando's will then automatically deduct and invalidate any accrued Points and other entitlements from such an Account. For clarity, the Account will not be terminated, and the Member will retain their Account, but their Points will expire and be forfeited. From time to time, Nando’s may amend the point expiration period in its discretion. For completion, if the point expiration period is reduced, this will not occur without prior notice to Members.

19. 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. Members may receive personalised offers depending on what Nando's believes a Member might enjoy. For this reason, one Member’s offer may be different to another Member’s offer.

20. 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.

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

22. Each Member is responsible for ensuring that the correct number of Points has been added or deducted for each eligible transaction. Members must notify Nando's of any apparent discrepancy as soon as possible by contacting periperks@nandos.com.au or 1300 NANDOS (1300 626 367). Nando’s will not be able to add Points related to transactions where the barcode on a Card or the App was not scanned by a Member, however Members can submit their purchase receipts by following the prompts in the “Add Receipt” section of the Website or the App. If a valid receipt is added by a Member, and verified by Nando’s, the eligible Points applicable to the transaction will be added to the Member’s Account within 48 hours. If the receipt is deemed invalid Nando’s will advise the Member via email. If a Member does not have a receipt or any proof of purchase, Points cannot be allocated to an Account under this clause, nor can refunds be offered.

23. If a Member’s Card is lost or stolen, they should contact Nando’s via www.nandos.com.au/help/contact where they will be set up on the App. All points accrued on the lost Card will be transferred to the App.Cards that are reported to Nando’s 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).

24. If a Member’s phone is lost or stolen, or a verified Member obtains a new phone, they must log onto the Website and follow the prompts to update their password. After the password has been updated, the verified Member can download the App to their new compatible phone and log in using their email and new password. Any Account login on a Members new device will require the device to be authenticated via 2 Factor Authentication using the registered mobile phone number on the Account. All information will then sync to the existing verified Member details. While every effort will be made to ensure that the full Points balance for the Account is transferred, 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 publicly (e.g. social media). A photocopy of the barcode can still be recognised to redeem.

25. The Card and the App will be accepted in Nando's restaurants in Australia. From time to time some restaurants may be prevented from processing a Program transaction due to circumstances beyond their control (e.g. internet outage). If a restaurant cannot accept the Card or App, individuals will be required to visit an alternative restaurant to participate in the Program or obtain a printed receipt for their purchase and add the transaction to their Account using the ‘Add Receipt’ feature on the App or the Website.

26. Nando's reserves the right to refuse a Card or App if there are grounds to believe that the use is unauthorised, fraudulent or otherwise unlawful.

27. 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 or the Website.

28. If a Member loses or forgets their Account password, Members should reset their password using the ‘Forgot Password’ link on the App or the Website. A password reset code will then be sent via email which will enable the Member to create a new password once the code is entered into the App.

29. Members can check their Point balance at any time through the App or by visiting the Website and logging in with their email address and password.

30. Nando's reserves the right to alter the Terms and Conditions of the Program in its sole discretion without prior notice. The Program, including any offer or promotion conducted under the Program (e.g. the online reward redemption program), will continue until such time as 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.

31. Nando’s reserves the right, at any time, to verify the validity of Members (including identity, age and place of residence), registrations, Accounts and Points accruals and redemptions. 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.

32. Nando’s 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, has tampered with the registration, Points accrual/redemption and/or Account verification process, or engaged in any unlawful or other improper conduct calculated to jeopardise fair and proper conduct of the Program. Errors and omissions may be accepted at Nando’s sole 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.

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

34. If for any reason the Program is inoperable (including but not limited to computer viruses, bugs, tampering, unauthorised intervention, fraud and technical failures) Nando's reserves the right in its sole discretion to disqualify any individual who tampers with the Program or systems used to operate and manage the Program, 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 the Program.

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

36. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Nando’s (including its respective officers, employees, contractors and agents) is not responsible for, and excludes all liability (including negligence), arising from, any personal injury, loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of registration to, and participation in, the Program, including but not limited to:

a. any theft, unauthorised access or third-party interference;

b. accrual or redemption of Points;

c. any registration or reward claim that is late, lost, altered, damaged or misdirected (whether after receipt by Nando’s or not) for any reason beyond the reasonable control of Nando’s;

d. use of a Card, the App, the Website or the Nando’s Website;

e. accepting, using or taking a reward, entitlement or discount offer under the Program;

f. any tax liability incurred by a Member in connection with the Program, including in relation to accepting, using or taking any reward, entitlement or discount offer under the Program;

g. 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; and

h. any problems or technical difficulties or malfunctions 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), including but not limited to any injury or damage to any individuals computer or technological device related to, or resulting from, participation or registration in the Program, downloading the App or any materials in the Program or otherwise accessing or using the Website or the Nando’s Website.

37. 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 or offered by Nando's, and in the event of any inconsistencies, these Terms and Conditions will prevail.

38. Information collected from Members at the time of signing up to the Program is subject to Nando’s privacy policy available at www.nandos.com.au/privacy and this clause. Nando's collects personal information 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 upon Members providing this personal 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 postal messages, electronic messages or telephoning the Member. Members should direct any request to access, update or correct information to Nando's at periperks@nandos.com.au or 1300 NANDOS (1300 626 367). Details on the complaints process for treatment of a Members personal information can be found in the Nando’s Privacy Policy. Nando’s may share a Members 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 their personal information. Notwithstanding the above, Nando’s will 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 to the sharing and disclosure of your personal information to any such Overseas Recipients and agree not to hold Nando’s liable in this regard.

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

40. All current Members 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 the email to opt out of receiving communication from Nando’s. If a Member chooses to opt out, the Member will no longer be eligible to receive and participate in offers via email. If a Member would like to opt back in they can contact Customer Care via customercare@nandos.com.au.

41. Members are unable to change their date of birth in the App or the Website. If these details need to be updated the Member should email periperks@nandos.com.au.

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