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 ("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 that 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 and/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 products ordered online, that are available on the Website and (ii) the terms and conditions relating to our loyalty programme that 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 these Terms, the Privacy Policy or any policies or additional documents we incorporate by reference or any subsequent changes thereto or to the Website or our Privacy Policy, you must discontinue your use of the Website and our Services.

2.4    These Terms may be updated or amended by us at any time at 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 with our updates or amendments, you must discontinue your use of the Website and 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, please contact our support team on [1300 NANDOS (1300 626 367)] or send an email to [info@nandos.com.au].   

 

Accessing and 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 will be subject to those Third Party Websites’ terms and conditions and their 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 we do 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
 

4.1    We offer the PERi-Perks program in Australia. Should you be a member of PERi-Perks and wish to earn loyalty rewards or discounts on our products, please refer to the PERi-Perks loyalty program terms and conditions referred to below.  

4.2    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.nandos.com.au/periperks or by following the link on the Website.

4.3    Other competitions or promotions may be offered by us from time to time. The terms and conditions for those competitions and promotions will be specified on the Website. By entering or participating in a competition or promotion you agree to be bound by the relevant terms and conditions specified on the Website in relation thereto. Notwithstanding any specific terms and conditions, we retain 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 provided such alteration or addition will not affect the terms of any competition or promotion entered into by you prior to the alteration or addition.

 

PERi-Perks Terms & Conditions
 

Nando's PERi-Perks loyalty program terms and conditions can be viewed at www.nandos.com.au/periperks/terms-and-conditions
 

Ordering Online (catering orders)
 

5.1     We offer an online catering order service that is subject to our online catering orders terms and conditions referred to below. By ordering catering from us you agree to our online catering terms & conditions set out below.

5.2.1   Placing your Catering Order: Orders must be placed with a minimum of 24 hours’ notice. For orders over the value of $500, additional notice may be necessary. Our 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. Our 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 unlikely event that an item is out of stock or unavailable you will be contacted by one of our representatives to make alternate arrangements.

5.2.2   Minimum Orders: The minimum order that can be placed for our catering is $60. Our online ordering system at www.catering.nandos.com.au sets out the minimum quantities in respect of each item that is ordered. Should you require more flexibility please call 1300 NANDOS (1300 626 367) and we will endeavour to accommodate your requests.

5.2.3   Refund Policy: We have a satisfaction guaranteed policy. If you are not satisfied with a particular item please let us know and we will refund payment in respect thereof. Refunds are however only applicable if you inform us by 9pm on the day your order is collected. To process a return, please contact us by email at catering@nandos.com.au or phone 1300 NANDOS (1300 626 367). If you choose to phone after hours, please leave a message on our voicemail.

5.2.4   Collecting your Order: We do not deliver catering orders. All catering orders must be collected from a designated Nando’s restaurant. This will be confirmed via phone, email or directly by the Nando’s restaurant.  

5.2.5   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 products you consume are your responsibility and you release us from any liability whatsoever, whether in contract, tort (including negligence) or otherwise, for any illness suffered or any loss or damage incurred as a result of your use of a third party delivery service and/or consumption of our products delivered to you by a third party delivery service.  

5.2.6   Consumption & and Labelling of your Order: Please check the food safety stickers on the packaging of your catering order that notes the date by when the products must be consumed. Generally, we recommend our products be consumed within four (4) hours of the time and date indicated on the stickers.

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 Privacy Policy which is accessible at [http://www.nandos.com.au/privacy-policy] ("Privacy Policy").

5.2.8   Cancellation Policy. Cancellations of any online catering orders within 24 hours of the scheduled collection time will incur a 50% cancellation fee.

5.2.9   Whilst every attempt to honour requests to change any part of a catering order (including, but not limited to, adding item/s to the order, deleting item/s and/or changing the time) will be made, we cannot guarantee that the request will be met if received within 24 hours of the scheduled pick up time. 
 

Ordering Online (other than catering orders)
 

6.1     What we provide
We provide a website https://order.nandos.com.au (“Website”) and a link through the Nando’s Australia app (“App”) in order for you to place an online order with us for collection by you from a Nando’s restaurant.

6.2    Access to our Website and App
You can access some areas of the Website and our App without placing an order or registering your details with us. By accessing any part of our Website or our App, you agree to the terms and conditions on our Website.

6.3   The current terms and conditions for using our Website and App are available on our Website. These terms can be reviewed by us at any time, however those terms that are in force at the time that you place an order through us are binding.

6.4   We make every effort to ensure that our Website and App is available 24 hours a day. We are not liable if our Website or App is unavailable at any time due to planned maintenance or for any other reason. Access may be suspended temporarily at any time without prior notice.

6.5   Use of our Website and App
You are permitted to use our Website or App for your own personal and non-commercial use. You assume full responsibility for any associated costs or charges that you incur as a result of using our Website or App.

6.6   Your Information
When you place an online order on our Website 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. Please refer to our Privacy Policy for more details about how we deal with your personal information.

6.7   Placing your order
You must be at least 18 years old in order to place an order through our Website or App. All orders must be collected by you at your designated Nando’s restaurant.

Please note that we do not accept orders from third party delivery services. We reserve our right to refuse, without refund, any orders received from third party delivery services that are placed via the Website or App.

6.8   To place an order, you are required to select the Nando’s restaurant you wish to collect your order from. Please note that you may not change the designated Nando’s restaurant once you have added product items to your order. Following the selection by you of the products you wish to order and provided you have supplied all other required information, you will be given the opportunity to submit your order. You should check all the information that you enter and correct any errors before submitting your order as we will be unable to correct any errors once we have commenced processing the order.

6.9   Prices and payment
You will be charged the prices listed on our Website or App which are inclusive of GST. If your payment is not authorised, your order will not be fulfilled and it will not be sent through to the designated Nando’s restaurant. You will be notified should this occur.

You must pay for your order through our Website or App using an accepted credit or debit card or a gift card. The amount will be debited from your account in the timescales set by your card or account provider. If you are a loyalty member you may also use your accrued loyalty points to pay for the full amount of the order.

6.10   Cancelling or amending your order
6.10.1  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 must be done by telephoning the designated Nando’s restaurant directly. No refund will be permissible if the attempt to cancel is made within the 30 minute period prior to the collection time.

6.10.2  If you cancel or change your order your original payment will nevertheless be processed. If 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.

6.10.3  If, due to unforeseen circumstances, we are unable to fulfil your order or if one of our products is no longer available, we will 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.

6.10.4  Any refund requested must be submitted to our Customer Care team within 48 hours of placing the initial order.

6.11   Collecting your order
You should collect your order at the designated Nando’s restaurant at the time you have selected to collect your order. Upon arrival, please make yourself known to one of the restaurant team. You might be asked to show some form of proof of identity. We will endeavour to have your order ready for you at the time selected by you.

6.12   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.

6.13   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 as to the contents of any of our products you should confirm with the designated Nando’s restaurant directly before you place your order.

6.14  Termination of use
We may terminate or suspend your right to use or place orders from our Website or App immediately by notifying you in writing or by email if we believe in our sole discretion that you have breached the terms of our Website or App.

6.15   Our products are sold on a direct to customer basis, where the person who places the order online or uses our App collects their order in person for the purposes of private consumption. You are not entitled to re-sell our products ordered on our Website or App for your own commercial gain or use.

 

7.    Gift Cards
 

7.1  We accept no liability for unauthorised acceptance and consequential unauthorised redemption of our gift cards and reserve our rights at our discretion at any time to amend the terms of use of our gift cards.

7.2  Agreeing to these terms of use
You agree to be bound by these terms of use by purchasing, using or attempting to use our gift card or by making a transaction, enquiry or exercising any right to redeem value loaded on our gift card. By purchasing, using or attempting to use our gift card, or by making a transaction enquiry or exercising any right to redeem value loaded on our gift card, you warrant to us that you will comply with these terms of use and all applicable laws and that our gift card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers. If you are giving our gift card to another person, you should ensure that he or she is aware of our terms of use that apply to our gift cards. The expiry date on our gift card is one (1) year from the date of purchase by you, following which, any remaining funds on the expired gift card will not be available for redemption. Our gift card cannot be reloaded or recharged with additional value.

7.3   Method of Payment

You may use cash, Visa Card, MasterCard or Amex for payment of our gift cards.

7.4   Refunds/Returns/Replacements
7.4.1  Our gift cards cannot be exchanged for another denomination or tender (i.e. cash) and cannot be refunded or returned, unless required by law.

7.4.2   We are not responsible for, and not able to replace, gift cards which are lost or stolen.

7.5    How and Where to Use our gift card
Our gift card may only be used to purchase products available at any Nando’s restaurants within Australia by presenting our gift card at the time of purchase. The transaction will be completed when the balance has reduced on the gift card. No change will be given. Any remaining balance on the gift card may only be used in whole or part against future purchase. Our gift card 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 method of payment.

7.6   Faulty/Damaged Gift Cards
Faulty or damaged gift cards shall not ordinarily be replaced by us unless our gift cards are faulty or damaged as a result of the production process or otherwise due to our fault or our agents or contractors or a participating Nando’s restaurant. Please contact us to discuss re-issuance in these and other circumstances which may have affected our gift card.

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

7.8    Risk & Title
Risk and title in our gift card passes to you upon payment for the gift card. We will not be responsible for any unauthorised acceptance and unauthorised redemption of our gift card.

7.9    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 relating to our gift cards. To the maximum extent permitted by law, we 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 we or our affiliates or 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 we or our affiliates or suppliers be liable for unauthorised access to, or alteration, theft or destruction of gift cards through accident, misuse or fraudulent means or devices used by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

7.10 PERi-Perks points

PERi-Perks members do not accrue points when purchasing Gift Cards and do not accrue points when redeeming Gift Cards on any item.

 

Accuracy of Information
 

8.1    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.

8.2    You understand and agree that the information, details and descriptions set out on this Website, including the details regarding the prices, menus, products and services may change from time to time and you will be bound by these charges from the date the charges are posted on our Website.  

8.3    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 obligations when using the Website and the Services
 

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

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

9.1.2    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.

9.2    You must not do anything that may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services or any part thereof.

9.3    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.

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

9.5    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.

9.6    Subject to the further provisions of these Terms, you are not permitted 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 us, you agree to cease any activity which we do not consider, in our sole and absolute discretion, to constitute fair use.

9.7    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.

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

9.8.1    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;

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

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

Intellectual Property Rights
 

10.1    Unless expressly granted herein, we reserve all rights (including all intellectual property rights) to the Website and Content we make available on or via the Website.

10.2    You agree not to use, copy, or distribute 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.

10.3    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 us and our employees/agents are reserved.

10.4    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.

10.5    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any aspect of the Services.
 

Collection of Personal Information
 

11.1    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].

11.2    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

12.1    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:

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

12.1.2    your violation of any of these Terms;

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

12.1.4    any claim that our Content caused damage to you or a third party.

12.2    The defense and indemnification obligations referred to in clause 12.1 above will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
 

Limitation of Liability
 

13.1    Subject to clause 13.2 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 uninterrupted and error free.

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

13.2.1    limits or exempts 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

13.2.2    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
 

14.1    While the products 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.   

14.2    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
 

15.1 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
 

16.1 These Terms shall inure for the benefit of and be binding upon our and your successors and assigns.
 

Violation of Terms
 

17.1 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/help/contact].  Any failure by us 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
 

18.1    By using the Website and/or the Services, you agree that all agreements, notices, disclosures and other communications sent by you or we 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.

18.2    You agree specifically that:

18.2.1    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;

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

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

18.2.4    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;

18.2.5    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

18.2.6    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 by a person who has authority to act on our behalf in respect of that data message.
 

Interpretation and Miscellaneous Provisions
 

19.1    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 courts in the State of Victoria, Australia. 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, we and you nevertheless agree that the court should endeavour to give effect to our respective intentions as reflected in the provision.

19.2    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 contract 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.
 

20. 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 cannot guarantee the security of your data transmitted to the Website.

 

How to contact us
 

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