TERMS OF SERVICE

1. What do these terms and conditions regulate?

1.1 This site www.nandos.co.nz (“Website”) is made available by Nando’s New Zealand Limited and NNZ Restaurants Limited (“Nando’s”, “we”, “our” or “us”). Any reference to “Nando’s”, “we”, “our” or “us” includes our employees, officers, agents and related companies.
1.2 These terms and conditions of service (“Terms”) apply to any person who uses, accesses, refers to, views and/or downloads (“users”, “you” or “your”) the information made available by us on the Website for whatever purpose (“Content”). The services covered by these Terms include the display of Content and your ability to view, access, use and/or download the Content on the Website (“Services”).
1.3 You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment that you need to use and access the Website and the Services. You must provide your own hardware, software (e.g. modem and internet connectivity) and telecommunications infrastructure to use and access the Website and the Services.

2. Your agreement to these Terms

2.1 By continuing to access the Website and/or use our Services in any way, you agree that you enter into a legally binding contract with us on these Terms and our Privacy Policy which is accessible at http://www.nandos.co.nz/privac... (“Privacy Policy”).
2.2 These Terms, the Privacy Policy and any additional document we incorporate by reference in these Terms, including the terms and conditions relating to any products ordered online and our loyalty program 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 the Terms, the Privacy Policy or any policies or additional documents we incorporate by reference, or any subsequent changes to them or to the Website, you must stop using the Website and our Services.
2.4 We may update or amend these Terms 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 for any updates or amendments. If you do not agree with any updates or amendments, you must stop using 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 obtaining a copy, please contact our support team on 1300 NANDOS (1300 626 367) or send an email marketing@nandos.co.nz.

3. Accessing and using the Services

3.1 The Website and the Services may contain links to other third-party websites, including social media platforms and forums (“Third Party Websites”). If you link to any Third Party Websites, you will be subject to the terms, conditions and policies s of those Third Party Websites.
3.2 We do not allow copyright infringing activities or infringement of intellectual property rights on the Website. In our sole discretion, we may remove any Content we determine infringes any another’s intellectual property rights or our own.
3.3 Hyperlinks provided on the Website to external sites not controlled by us are provided on an "as is" basis and we do not necessarily agree with, edit or sponsor the content on such websites.
3.4 No person, business or website may frame the Website, or any pages on the Website, in any way.

4. Loyalty programs and competitions

4.1 We currently offer the PERi-Perks loyalty program in New Zealand (“PERi-Perks Program”). Should you be a member of the PERi-Perks Program and wish to earn loyalty rewards or discounts on our products, please refer to the PERi-Perks Program terms and conditions at https://www.nandos.co.nz/polic... (“PERi-Perks Program Terms & Conditions”).
4.2 If you are already a member of the PERi-Perks Program, you can check your points balance by logging into your profile at www.nandos.co.nz/periperks or by following the Website link.
4.3 Other competitions, promotions or programs may be offered by us from time to time. The terms and conditions for those competitions, promotions or programs will be specified on the Website at the time. By entering or participating in a competition, promotion or program you agree to be bound by the relevant terms and conditions specified on the Website at the time. Notwithstanding any specific competition, promotion or program terms and conditions, we retain the right, at any time and without notice, to remove, alter or add to competitions, promotions or programs on the Website without any liability to you provided such alteration or addition will not affect the terms of any competition, promotion or program entered into by you prior to the alteration or addition.

5. Ordering products online

5.1 We provide an online ordering website https://order.nandos.co.nz (“Ordering Website”) for you to place online orders with us to purchase our products for collection by you, or for delivery where available, from a participating Nando’s restaurant (together the “Online Ordering Platforms”).
5.2 Access to our Online Ordering Platforms
5.2.1 You can access some areas of the Online Ordering Platforms without placing an order or registering your details with us, however by accessing any part of our Online Ordering Platforms, you agree to these Terms.
5.2.2 The version of these Terms published on the Website at any given time are those in full force and effect at the time you place an order for products through an Online Ordering Platform, which are binding on you when you place an online order.
5.2.3 We make every reasonably and commercially viable effort to ensure that our Online Ordering Platforms are available 24 hours a day and 7 days a week however, we are not liable if our Online Ordering Platforms are unavailable at any time due to planned or unplanned maintenance or for any other reason.
5.2.4 Access may be suspended to the Online Ordering Platforms temporarily at any time without prior notice to you.
5.3 Use of our Online Ordering Platforms
5.3.1 You are permitted to use our Online Ordering Platforms for your own personal and non-commercial use only.
5.3.2 You assume full responsibility for any associated costs or charges that you incur by using our Online Ordering Platforms.
5.4 Your information
5.4.1 When you place an order through our Online Ordering Platforms you will be required to provide us with your personal information, including your full name, email address, delivery address (where available), mobile phone number and payment information.
5.4.2 Our Privacy Policy governs how we deal with your personal information.
5.5 Placing your online order
5.5.1 You must be at least 18 years old to access, use and place an order through our Online Ordering Platforms.
5.5.2 Orders placed by you through our Online Ordering Platforms must be collected by you directly at your designated Nando’s restaurant.
5.5.3 Orders placed by you through our Online Ordering Platform will be capable of earning PERi-Perks Program points where permitted by the terms of the offers and products being purchased or redeemed through the Online Ordering Platform.
5.5.4 Orders placed by you through our Online Ordering Platform will be capable of applying PERi-Perks Program points to purchase or redeem items where permitted by the terms of the offers and products being purchased through the Online Ordering Platform.
5.5.5 We reserve the right to refuse, without refund, orders made by third party delivery services placed via our Online Ordering Platforms.
5.5.6 To place an order via our Online Ordering Platforms, you must:
a. select the participating Nando’s restaurant that you wish to collect your order from. Please ensure you have selected the correct Nando’s restaurant as this cannot be changed once the order has been submitted;
b. select the products you wish to order (“Order”);
c. select your preferred and available collection method;
d. insert your estimated pick-up collection time;
e. provide your payment information;
f. provide all other requested information to finalise your Order, which may include offer redemption selections, order notes or delivery instructions;
g. accept the opportunity to submit your Order; and
h. check all information that you have entered is correct and if not correct any errors as we are unable to correct these once we have started processing the Order.
5.5.7 Nando’s accepts no liability or responsibility for incorrectly placed Orders or delivery details which are incorrectly supplied, or which you fail to supply.
5.6 Liquor sales
5.7.1 We support the responsible service of alcohol.
5.7.2 It is against the law to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises, or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
5.7.3 We do not sell alcohol to persons under the age of 18.
5.7.4 Where liquor laws prevent such sales, we do not sell alcohol to persons without the purchase of food.
5.7.5 By using our Online Ordering Platforms, and submitting your Order through the Online Ordering Platforms, you confirm that you are making an offer to purchase, you are over the age of 18, you are the person receiving the alcohol and you are aware of, and will comply with, all relevant laws regarding the purchase and consumption of alcohol.
5.7.6 Liquor sales are available through the Online Ordering Platforms for pickup and dine-in only, not delivery.
5.7.7 You must provide valid identification when offering to purchase liquor, otherwise we will refuse your offer refund payment for your Order within 7 business days.
5.7 Prices and payment
5.7.1 You will be charged the prices listed on the applicable Online Ordering Platform, including delivery costs where appropriate, which are inclusive of GST.
5.7.2 Prices may vary from time to time and across different ordering platforms including but not limited to pick up, dine-in or delivery.
5.7.3 We reserve the right to refuse an Order, or to alter the price if an incorrect price was given due to software malfunction or interference with the Online Ordering Platform.
5.7.4 If your payment is not authorised, we will notify you of this. In this instance your order will not fulfilled, and it will not be sent through to the designated Nando’s restaurant.
5.7.5 You must pay for your Order through the applicable Online Ordering Platform using an accepted credit card or debit card, Nando’s gift card or PERi-Perks Program points (where permitted by the PERi-Perks Program). Payment via credit or debit card will be debited from your account in the timescales set by your card or account provider.
5.7.6 You will be responsible for any associated costs or charges that may be incurred through the payment platform or your card provider by using the Online Ordering Platform.
5.8 Cancelling or changing your Order
5.8.1 You may request to cancel or change your Order after it has been submitted and payment has been authorised through the relevant Online Ordering Platform for pick-up or dine-in Orders only (expressly excluding delivery Orders) by:
a. telephoning the designated Nando’s restaurant directly; and
b. requesting the cancellation or change at least 30 minutes prior to the requested collection time.
5.8.2 No refund will be permitted if you attempt to cancel or change your Order within 30 minutes prior to the requested collection time or if the Order was made for delivery.
5.8.3 If you successfully cancel or change your Order your original order payment will still be processed and if you are eligible for a refund you can obtain this by contacting our Customer Care team on 1300 626 367 or at marketing@nandos.co.nz during business hours and within 48 hours of placing the initial Order.
5.8.4 If we are unable to fulfil your Order, or if a product is no longer available, we will contact you either before you collect the Order at your chosen Nando’s restaurant or before your Order is collected from the Nando’s restaurant fulfilling your delivery. We will seek to replace the unavailable item with another item of similar or equal value or refund the amount that you have paid by following the refund process in clause 5.8.3.
5.8.5 We will process approved refunds within 7 business days.
5.9 Collecting your Order
5.9.1 If you have chosen to collect your Order you must:
a. collect your Order at the designated Nando’s restaurant and at the nominated time you selected through the Online Ordering Platform;
b. make yourself known to one of the restaurant team members on arrival; and
c. show some form of valid proof of identity upon request.
5.9.2 We will endeavour to have your Order ready for you at the time chosen by you.
5.10 Customer service
5.10.1 Customer care is extremely important to us. Our Customer Care team will try to assist you within business hours if you have any problems with your Order through the contact details available on our Website.
5.10.2 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 this with the designated Nando’s restaurant directly before you place your Order.
5.11 Termination of use
5.11.1 We may terminate or suspend your right to use or place orders from our Online Ordering Platforms immediately by notifying you if we believe, in our sole discretion, that you have breached these Terms.
5.11.2 Our products are sold on a direct to customer basis, where the person who places the order online, or uses the Online Ordering Platforms collects their order in person, or has the order delivered to them, for the purpose of private consumption.
5.11.3 You are not entitled to re-sell our products ordered on our Online Ordering Platforms for your own commercial gain or use.

6. Gift Cards

6.1 We accept no liability for unauthorised acceptance or redemption of our gift cards and reserve the right in our sole discretion at any time to amend the terms of use of our gift cards.
6.2 By purchasing, using or attempting to use our gift cards, or by making a transaction, enquiry or exercising any right to redeem value loaded on our gift cards, you agree to be bound by these Terms. You warrant to us that you will comply with these Terms and all applicable laws.
6.3 If you are giving our gift cards to another person it is your responsibility to ensure that they are aware of these Terms and that by using or attempting to use our gift card they are bound by these Terms and must comply with these Terms and all applicable laws.
6.4 The expiry date on our gift cards is 3 years from the date of purchase by you, following which, any remaining funds on the expired gift card will not be available for redemption.
6.5 Our gift cards cannot be reloaded or recharged with additional value.
6.6 You may use cash, Visa Card, MasterCard or Amex for payment of our gift cards.
6.7 Our gift cards cannot be exchanged for another denomination or tender (i.e. cash) and cannot be refunded or returned unless required by applicable laws. We are not responsible for, and are not able to replace, gift cards which are lost or stolen.
6.8 Our gift cards may only be used to purchase products available at participating Nando’s restaurants in New Zealand by presenting the 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 a future purchase. Our gift cards may only be used to make purchases up to the remaining value on the gift card and if a purchase is for an amount exceeding the remaining value on the gift card, you must pay the excess using another method of payment.
6.9 Faulty or damaged gift cards are not replaced by us unless they are faulty or damaged as a result of the production process or otherwise due to fault on our behalf or that of our agents, contractors or a participating Nando’s restaurant. In this circumstance you must contact us to discuss replacement options.
6.10 Gift card holders can check the balance of their gift card by requesting the balance amount with staff at any participating Nando’s restaurant in New Zealand.
6.11 Risk and title in a gift card will pass to you upon payment for the gift card. We will not be responsible for any unauthorised acceptance and redemption of our gift cards.
6.12 PERi-Perks Program members do not accrue points when purchasing gift cards and do not accrue points when redeeming gift cards on any item.

7. Accuracy of information

7.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy if all Content available on the Website, the Content is intended and produced for general information purposes only, and therefore to the maximum extent permitted by law, should not be relied upon by you as specific advice of any kind.
7.2 You understand and agree that the information, details and descriptions set out on the Website, including details regarding 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 the Website.
7.3 You acknowledge that any nutritional advice on the Website is not intended to, and does not, constitute professional advice or act as a replacement or substitute for professional advice of any nature whatsoever.

8. Your obligations when using the Website and the Services

8.1 You may not use the Website to obtain or distribute:
a. copyrighted material or material protected by law without our prior written consent; or
b. material containing viruses or any other destructive materials, data or code which can corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
8.2 You must not do anything that may jeopardise or interfere with the functionality or the operation of the Website or Services or any part of the Website or Services.
8.3 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 the purposes similar or the same as these acts.
8.4 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.
8.5 The Website and the Content may only be used by you for lawful purposes and shall not extend to the use of any source code of the Website or the Content.
8.6 You are not permitted to frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content, incorporate any part of the Content in any other work or publication and/or 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 discretion, to constitute fair use.
8.7 You shall not and shall not allow a third party to:
8.7.1 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;
8.7.2 remove any product identification, copyright or other notices from the Software documentation; or
8.7.3 download, store or disseminate performance information or analysis of the Software from any source relating to the Software.
8.8 Any restrictions outlined in this section regarding use of the Website or the Content also apply to any part of the Website or part of the Content which may be cached when using the Website or the Content, as appropriate.

9. Intellectual property rights

9.1 Unless expressly granted herein, we reserve all right (including all intellectual property rights) to the Website and Content we make available on or via the Website.
9.2 You agree not to use, copy or distribute any of the Content other than as expressly permitted in these Terms, including any use, copying or distributing of third party Content obtained through the Website for any commercial purposes. If you download or print a copy of the Content for your personal use, you must retain all copyright and other proprietary notices.
9.3 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. All our moral rights and those of our employees and/or agents are reserved.
9.4 Any reproduction, modification or creation of derivatives 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 of the Website or the Content to any other server or location for further reproduction or redistribution is expressly prohibited.
9.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit, for any commercial purposes, any aspect of the Website or the Services.

10. Collection of Personal Information

10.1 We collect personal information from you. We will handle the collection, processing, use and storage of your personal information in accordance with our Privacy Policy.
10.2 By disclosing or submitting your personal information to us, you consent to us collecting, processing, using and storing your personal information for the purposes you provided the personal information to us and for those purposes described in our Privacy Policy.

11. Indemnity

11.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold us and our officers, employees, agents, related companies, successors, assigns, service providers and suppliers harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to solicitors’ fees) arising from:
11.1.1 your use of and access to the Website, App, Content, PERi-Perks Program, Online Ordering Platforms and/or the Services;
11.1.2 your violation of any of these Terms;
11.1.3 your violation of any third-party right, including any copyright, trademark, trade secret or other property or privacy right; and/or
11.1.4 any claim that the Content caused damage to you or a third party.
11.2 The defence and indemnification obligations referred to in clause 11.1 will survive termination, modification or expiration of these Terms and your use of the Services and the Website.

12. Limitation of liability
12.1 Subject to clause 12.2 below, neither us nor any of our officers, employees, agents, related companies, successors, assigns, service providers and suppliers shall be liable for any damage, loss or liability of whatsoever nature arising from your use of, or inability to use, the Website, the Services or the Content provided from and through the Website, including the App and the Online Ordering Platforms. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and the technology available from the Website are free from errors or omissions or that the Services will be uninterrupted and error free.
12.2 No provision of these Terms (or any contract governed by these Terms):
a. 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
b. requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.

13. Exclusion of warranties and representations
13.1 While the products and the Services sold via the Website may be subject to additional payment terms and conditions accessible via the Website, to the maximum extent permitted 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 accessing and using the Website or the Services that the Content and the Services available from and through the Website will meet your individual requirements and be compatible with your hardware and/or Software.
13.2 To the maximum extent permitted by law, 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 the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Content or the Services.

14. Assignment
14.1 These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by us in our sole discretion without restriction. Any assignment or transfer by you shall be null and void.

15. Successors and assigns
15.1 These Terms shall inure for the benefit of, and be binding on, successors and assigns.

16. Violation of Terms

16.1 Please report any violations of these Terms (including Privacy Policy or any documents incorporated by reference)) that you become aware of by contacting us using the contact details on the Website.
16.2 Any failure or delay by us to act on a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.

17. Electronic communications

17.1 By using the Website and/or the Services you agree that all agreements, notices, disclosures and other communications sent satisfy any legal requirements, including the requirement that such communication should be "in writing". For the purposes of this clause, a "data message" means data generated, sent, received or stored by electronic means.
17.2 You agree specifically that:
17.2.1 agreements will be treated as if they were concluded at our physical address on the date you first made any use of the Website and/or the Services;
17.2.2 an electronic signature is not required for purposes of agreeing to these Terms;
17.2.3 your use, and continued use, of the Website and/or the Services is enough evidence of your agreement to these Terms each time you access or use the Website or the Services;
17.2.4 any data message sent will be deemed to have been sent from our physical address if neither the usual place of business nor residence is located within New Zealand;
17.2.5 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;
17.2.6 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; and
17.2.7 subject to our Privacy Policy, all users of the Online Ordering Platforms may receive communication from us, our related body corporates or authorised third parties. There will be an “opt out” option in email communications from us.

18. Interpretation and miscellaneous provisions

18.1 These Terms and the relationship between us shall be governed and construed in accordance with New Zealand law. Any disputes arising in connection with these Terms and our Services shall be subject to the exclusive jurisdiction of the courts in the New Zealand.
18.2 If any provision of these Terms are found by a court of competent jurisdiction to be invalid (including because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to our respective intentions as reflected in these Terms.
18.3 The termination of any contract created by these Terms will be without prejudice to any other rights or remedies a party may be entitled to under these Terms or otherwise at law, and will not affect any of our accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which expressly or by implication intended to come into or continue in force on or after such termination.

19. Security

19.1 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 applicable laws to protect your information, we cannot guarantee the security of your data transmitted to the Website.

20. How to contact us

If you have questions about these Terms, our Privacy Policy, the Content, the App, the PERi-Perks Program, the Online Ordering Platforms or any documents incorporated by reference in these Terms, please contact us using the details on our Website.