Terms of Service
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Terms of Service

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ONLINE ORDERING

TERMS OF SERVICE

  1. What do these terms or service regulate?
    1. This website www.nandos.co.nz (the Website) is made available by NNZ Restaurants Limited and the related companies of Nando’s New Zealand Limited and NNZ Restaurants Limited (collectively referred to as Nando’s, we, us or our).
  2. These terms of service (the Terms) apply to any person who accesses, refers to, views, uses and/or downloads the information made available by us, or any third-party approved by us, on the Website (the Content) for whatever purpose (referred to as "users", "you" or "your"). The display of Content and your ability to access, refer to, view, use and/or download the Content on the Website shall be referred to as the Services.
  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 including but not limited to your own hardware, software, modem, internet connectivity and telecommunications infrastructure.
  4. Your agreement to these Terms
    1. By continuing to access the Website and/or use the 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/privacy-policy (Privacy Policy).
  5. These Terms, the Privacy Policy and any additional policies or documents that we incorporate by reference in these Terms constitute the complete and exclusive understanding and agreement between you and us including, where applicable, the terms and conditions related to:
    1. any of our products or services that you order online, through our Website or otherwise;
  6. your purchase and use of our Gift Cards which is accessible at http://www.nandos.co.nz/ t-c-gift-card (Gift Card);
  7. your registration and participation in our PERi-Perks loyalty program which is accessible at http://www.nandos.co.nz/peri-perks-terms-and-conditions (Program);
  8. If you do not agree with the Terms & Conditions, or any subsequent changes to them, you must stop accessing, referring to, viewing or using the Website and the Services and stop downloading information we make available.
  9. We may update or amend the Terms & Conditions at any time in our sole discretion. Each time you access, refer to, view or use the Website and/or the Services, or download information we make available, it is your responsibility to review these Terms & Conditions for any updates or amendments. If you do not agree with our updates or amendments, you must stop accessing, referring to, viewing or using the Website and the Services and stop downloading information we make available.
  10. You may print a copy of these Terms & Conditions. If you have any difficulty printing these Terms & Conditions, or you need assistance obtaining a copy f these Terms & Conditions, please email feedback@nandos.co.nz .
  11. Accessing and using the Services
    1. The Website and the Services may contain links to other third-party websites, including but not limited to, social media platforms (Third Party Websites). If you link to any Third Party Websites, you will be subject to the policies and terms and conditions of those Third Party Websites.
  12. We do not permit intellectual property infringing activities on the Website, including copyright infringement, and we may remove any infringing Content if we believe, in our sole discretion, that such Content infringes any intellectual property rights.
  13. Hyperlinks provided on the Website to other 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 the Website, or any of the pages of the Website, in any way whatsoever.
  14. Ordering Online
    1. What we provide
  15. Accessing our Online Ordering Platforms
    1. You can access some areas of the Online Ordering Platforms without placing an order for our products or registering your details with us however, by accessing any part of our Online Ordering Platforms, you agree to the Terms & Conditions.
  16. The Terms & Conditions published on the Website at any given time are those in full force and effect when you place an order to purchase our products from us through an Online Ordering Platform, which are binding on you when you place an order.
  17. We make every 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.
  18. Access may be suspended to the Online Ordering Platforms temporarily at any time without prior notice to you.
  19. Using our Online Ordering Platforms
    1. You are permitted to use the Online Ordering Platforms for your own personal and non-commercial use only.
  20. You assume full responsibility for any associated costs or charges that you incur by using the Online Ordering Platforms.
  21. Your information
    1. When you place an online order using the Online Ordering Platforms you will need to provide us with your information, including your personal information (e.g. your full name, email address, mobile phone number, payment information and a password).
  22. Refer to the Privacy Policy for information about how handle your personal information.
  23. Placing your online order
    1. You must be at least 18 years of age to access, use and place an order through the Online Ordering Platforms.
  24. All orders placed by you through the Online Ordering Platforms must be collected by you directly at your nominated Nando’s restaurant.
  25. We do not accept orders from third party delivery services through the Online Ordering Platforms and reserve the right to refuse, without refund, any such orders.
  26. To place an order via the Online Ordering Platforms, you need to:
    1. select the Nando’s restaurant that you wish to collect your order from;
  27. refrain from changing the nominated Nando’s restaurant once you have added product items to your order;
  28. following your selection of products, provided you have supplied all other required information, accept the opportunity to submit your order; and
  29. check the information you have entered is correct, and correct any errors before you submit your order, as we are unable to make corrections once we have started processing your order.
  30. Alcohol sales
    1. We support the responsible service of alcohol and liquor.
  31. It is against the law to sell or supply alcohol or 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, alcohol or liquor on licensed or regulated premises.
  32. We do not sell alcohol or liquor to persons under the age of 18.
  33. Where alcohol and liquor laws prevent such sales, we do not sell alcohol to persons without the purchase of food.
  34. By using the Online Ordering Platforms, and submitting your order through the Online Ordering Platforms for alcohol and liquor specifically, 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 liquor in the order and that you are aware of, and will comply with, all relevant laws regarding the purchase and consumption of alcohol and liquor.
  35. It is a condition of you purchasing alcohol and liquor through the Online Ordering Platforms that you provide valid identification to us and that your offer to purchase alcohol and liquor from us otherwise complies with applicable alcohol and liquor laws, otherwise your purchase offer will be refused and payment for your order will be refunded within 7 business days.
  36. Prices and payment
    1. You will be charged the price listed on the Online Ordering Platform which is inclusive of GST.
  37. If your payment is not authorised, we will notify you of this, and your order will not be sent through to your nominated Nando’s restaurant or otherwise fulfilled.
  38. You must pay for your order through the Online Ordering Platform using an accepted credit card or debit card, which will be debited from your account in the timescales set by your card or account provider.
  39. Cancelling or changing your order
    1. You may attempt to cancel or change your order after it has been submitted and payment has been authorised through the Online Ordering Platform, but only up to 30 minutes before your chosen collection time, by telephoning your nominated Nando’s restaurant directly and requesting the order cancellation or change.
  40. No refund will be provided if you attempt to cancel or change your order within 30 minutes before your chosen collection time.
  41. If your attempt to cancel or change your order is successful your original order payment will still be processed and, if you are eligible for a refund, you can obtain this by contacting the restaurant during its operating hours within 48 hours of placing the initial order.
  42. If, due to unforeseen circumstances, we are unable to fulfil your order, or if a product is no longer available, we will contact you before your chosen collection time and attempt to either replace the unavailable item with another item of similar or equal value or refund the amount that you have paid for the unavailable item, which you can obtain by contacting the restaurant during its operating hours within 48 hours of placing the initial order.
  43. We will process approved refunds within seven business days.
  44. Collecting your order
  45. Customer care
    1. Customer care is extremely important to us. Our Customer Care team will try to assist you within our business hours if you have any problems with your order through the contact details available on the Website.
  46. 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 this with your nominated Nando’s restaurant directly before you place your order on the Online Ordering Platform.
  47. Termination of use
    1. We may terminate or suspend your right to use, or place orders through, the Online Ordering Platforms immediately by notifying you if we believe, in our sole discretion, that you have breached the Terms & Conditions.
  48. 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 from the nominated Nando’s restaurant for the purpose of private consumption.
  49. You are not entitled to re-sell our products ordered online, or through the Online Ordering Platforms, for your own commercial gain or use.
  50. Accuracy of Information
    1. We take reasonable steps to ensure that the Content is accurate, however the Content is intended and produced for general information purposes only, and therefore to the extent permitted by law, you should not rely on the Content as specific advice of any kind.
  51. You understand and agree that the Content, including but not limited to all information, details, descriptions, 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.
  52. You acknowledge that any nutritional information available on the Website is not intended to, and expressly does not, constitute professional advice or act as a replacement or substitute for professional advice of any nature whatsoever.
  53. Your obligations when using the Website and the Services
    1. You may not use the Website to obtain or distribute:
      1. copyrighted material or material protected by law without our prior written consent; or
    2. material containing viruses or any other destructive materials, data or code which could corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
    3. You may not do anything that may jeopardise or interfere with the functionality or the operation of the Website or the Services or any part of the Website or the Services.
    4. You may not use the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving the same purpose.
    5. You may not intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.
    6. The Website and the Content may only be used by you for lawful purposes and does not extend to the use of any source code of the Website or the Content.
    7. You may not:
      1. frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content;
    8. incorporate any part of the Content in any other work or publication; and/or
    9. perform any other act which we consider, in our sole discretion, is not fair use, which we will notify you of. On receiving notice from us, you agree to cease any activity which we have advised we do not consider to constitute fair use.
    10. You may not, and you may not allow a third party to:
      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;
    11. remove any product identification, copyright or other notices from the Website, the Content, the Software or any related documentation; or
    12. disseminate performance information or analysis of the Website, the Contend, the Software or any related documentation from any source relating to them.
    13. 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.
    14. Intellectual property rights
      1. Unless expressly granted in the Terms & Conditions, we reserve all right, including all intellectual property rights, to the Website and the Content that we make available on or via the Website.
    15. You agree not to use, copy or distribute any of the Content other than as expressly permitted in the Terms & Conditions including any use, copying or distribution of Content which relate to third parties that were 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 on the Content.
    16. You agree not to circumvent, disable or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of any Content or features which enforce limitations on the use of the Website or the Content.
    17. We reserve all moral rights of ours and our employees and/or agents.
    18. Any reproduction, modification, creation or derivatives from, or redistribution of, the Website, the Content or the collective work or compilation of them is expressly prohibited. Copying or reproducing the Website, the Content or any portion of them to any other server or location for further reproduction or redistribution is expressly prohibited.
    19. You agree not to reproduce, duplicate, copy, sell, resell or exploit, for any commercial purposes, any aspect of the Services.
    20. Collection of Personal Information
      1. We may collect personal information from you. We will handle the collection, storage, use and disclosure of your personal information in accordance with the Privacy Policy.
    21. By disclosing or submitting your personal information to us, you consent to us collecting, storing, using and disclosing your personal information for the purposes described in our Privacy Policy.
    22. Indemnity
      1. As far as the law allows, you agree to defend and indemnify us, and hold us and our directors, officers, related companies, employees, contractors, affiliates, successors, assigns, agents, service providers and suppliers harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including legal fees) arising from:
        1. your use of and access to the Website and/or the Services;
      2. your violation of any of the Terms & Conditions;
      3. your violation of any third-party right, including but not limited to any copyright, trademark, trade secret or other property or privacy right; or
      4. any claim that our Content caused damage to you or a third party.
      5. The defence and indemnification referred to in this clause survives termination, modification or expiration of the Terms & Conditions and your use of the Website and the Services.
      6. Limitation of liability
        1. Subject to the remainder of this clause, neither us nor any of our directors, officers, related companies, employees, contractors, affiliates, successors, assigns, agents, service providers or 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 and we make no representations or warranties, implied or otherwise, that, amongst other things, 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.
      7. No provision of the Terms & Conditions, or any contract governed by the Terms & Conditions:
        1. limits or exempts us from any liability 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
      8. requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
      9. Exclusion of warranties and representations
        1. While the products and the Services sold via the Website may be subject to additional payment terms, 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 before purchasing the products or the Services that the products and the Services available from and through the Website will meet your individual requirements.
      10. 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 but not limited to any representation or warranty regarding the operation, integrity, compatibility, availability or functionality of the Website or the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Content.
      11. Assignment
      12. Successors and assigns
      13. Violation of Terms & Conditions
        1. To report a violation of the Terms & Conditions that you become aware of, notify us by contacting us using the contact details on the Website.
      14. Any failure or delay by us to act on a breach of the Terms & Conditions by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
      15. Electronic Communications
        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 but not limited to the requirement that such communication should be "in writing".
      16. You agree specifically that:
        1. an electronic signature is not required for purposes of agreeing to the Terms & Conditions;
      17. your use of the Website and/or the Services is enough evidence of your agreement to the Terms & Conditions;
      18. any data or electronic message sent will be deemed to have been sent from the physical address of that person if neither the usual place of business nor residence is located within New Zealand;
      19. 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
      20. 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.
      21. Interpretation and miscellaneous provisions
        1. The Terms & Conditions and the relationship between us shall be governed and construed in accordance with New Zealand law. Any disputes arising in connection with the Terms & Conditions or the Website, the Content or the Services shall be subject to the exclusive jurisdiction of the courts in the New Zealand.
      22. If any provision of the Terms & Conditions are found by a court of competent jurisdiction to be invalid including but not limited to, because such provision is inconsistent with the laws of another jurisdiction or inapplicable, you nevertheless agree that the court should endeavour to give effect to our respective intentions as reflected in the provision.
      23. The termination of any contract created by the Terms & Conditions will be without prejudice to any other rights or remedies a party may be entitled to under the Terms & Conditions or otherwise at law, and will not affect any accrued rights or liabilities nor the coming into, or continuance in force, of any provision of the Terms & Conditions which expressly or by implication is intended to come into or continue in force on or after such termination.
      24. Security
      25. How to contact us

(together the Terms & Conditions).

We provide the Website for you to, amongst other things, place online orders to purchase our products from us for your collection from a participating Nando’s restaurant (together the Online Ordering Platforms).

You must collect your order at your nominated Nando’s restaurant at the time you chose to collect your order in the Online Ordering Platform by making yourself known to one of the restaurant team members on arrival and showing valid identification upon request. We will endeavour to have your order ready for you at the time chosen by you.

The Terms & Conditions, and any rights and licenses granted in the Terms & Conditions, 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.

The Terms & Conditions shall inure for the benefit of, and be binding on, ours and your successors and assigns.

The transmission of information via the Internet is not completely secure and data is submitted at your own risk. Although we take reasonable steps to protect your information, we cannot guarantee the security of your data transmitted to the Website.

If you have questions about the Terms & Conditions, the Website, the Services, the Content or any documents incorporated by reference in the Terms & Conditions, please contact us using the details on our Website.