Nando’s Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, ACCESSING, OR USING NANDO’S ONLINE SERVICE OR SERVICES (AS DEFINED BELOW). BY ACCEPTING THESE TERMS AND CONDITIONS, AS DETAILED BELOW, YOU AGREE TO RESOLVE ANY DISPUTE WITH US ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.
These Terms and Conditions apply to your access to, and use of, any Nando’s Restaurant Group, Inc. ("Nando's", "we", our" or "us") website, mobile application, and online service or program (“Online Service”) where these Terms and Conditions are posted, linked or incorporated by reference.
1. What do these terms and conditions regulate?
1.1 This site https://www.nandosperiperi.com/("Website") is made available by Nando’s . Any reference to "Nando's", "we", "our" or "us" includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.2 These terms and conditions (the "Terms") apply to any person who uses, accesses, refers to, views and/or downloads the information, data, text, music, sound, photographs, graphics, video, messages or other materials made available by us on the Online Service 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 Online Service shall be referred to as the "Services".
1.3 You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Online Service and the Services. You must, at all times, provide your own hardware, software as well as a modem and internet connectivity and telecommunications infrastructure.
2. Your agreement to these Terms
2.5 You may print a copy of these Terms. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms, you should contact our support team by sending us an email to email@example.com.
3. Accessing and Using the Services; Links to other websites
3.1 You must be 18 years of age or older to use the Online Service. By submitting information through the Online Service you represent that you are of legal age to enter into a contract in your jurisdiction.
3.2 Online Service and the Services available through the Online Service may contain links to other third party websites, including (without limitation) social media platforms ("Third Party Websites"). If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. We are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of, or association with, the Third Party Websites.
3.3 Hyperlinks provided on our Online Service to non-Nando's sites, are provided "as is" and Nando's does not necessarily agree with, edit or sponsor the content on such websites. No person, business or website may frame Online Service or any of the pages on respective Online Service in any way whatsoever.
4. Loyalty Programs and Competitions (where applicable)
4.1 Nando’s offers loyalty programs in certain countries or territories. You can check if Nando's offers a loyalty program in your country by visiting our Website. If we do not offer any loyalty programs in your country or territory, clauses 4.2, 4.3 and 4.4 of these Terms do not apply to you.
4.2 Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions made available through the Online Service may be governed by rules and/or terms that are additional to these Terms.
4.3 To the extent Nando's offers participation in certain loyalty program/s, the details are as listed on the respective Online Service. Should you be a member of any such loyalty program and wish to earn loyalty rewards or discounts on Nando's products, please refer to the loyalty program link on the respective Online Service.
4.4 If you are already a member of Nando's loyalty program, you can check your balance by following the loyalty program link on the respective Online Service.
5. Ordering Online (where applicable)
5.1 Provided that you are ordering goods in a country in which Nando's offers an online ordering service, you can order certain Nando's goods online subject to the Online Terms and Conditions accessible via the Online Service.
5.2 You can check if you can order goods online in your country by visiting our Online Service..
5.3 By placing an order online you represent that all the information you provided is accurate, that you are responsible for payment for the ordered products or services, and that any payment card is valid and owned by you.
6. Accuracy of Information
6.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the Content available on the Online Service, the Content is intended and produced for general information purposes only, and to the extent allowed by law, should not be relied upon by you as specific advice of any kind.
6.2 You understand and agree that the information, details and descriptions set out on this Online Service, including the details regarding the prices, menus, products, services, and available careers, may change from time to time. This Online Service may therefore not always contain the correct or most up-to-date information, details and descriptions relating to our Services. You are advised to contact us at firstname.lastname@example.org before using or relying on the information on the Online Service.
6.3 You acknowledge that any nutritional advice on the Online Service is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature whatsoever.
7. Your behavior when using the Online Service and the Services
7.1 You may not use the Online Service to obtain or distribute:
7.1.1 copyrighted material or material protected by law without our prior written consent; or
7.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
7.2 You must not perform any act which may jeopardize or interfere with the functionality or the operation of any part of the Online Service or our Services.
7.3 You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
7.4 You shall not intercept any information transmitted to or from us or the Online Service which is not intended by us to be received by you.
7.5 Subject to the further provisions of these Terms, the Online Service 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 Online Service or the Content.
7.6 Subject to the further provisions of these Terms, you are not allowed to: (i) frame, modify, distribute, commercialize, exploit and/or alter the Online Service or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use. On notice by Nando's, you agree to stop any activity which Nando's does not consider, in its sole and absolute discretion, to constitute fair use.
7.7 You are permitted to create a hyperlink to the Online Service so long as the link does not portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. You also agree to ensure that any hyperlink to the Online Service is clearly visible.
7.8 Any restrictions on the use of the Online Service or the Content shall also apply to any part of the Online Service or the Content which may be cached when using the Online Service or the Content.
7.9 In addition, you shall not and shall not allow a third party to: 7.9.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Online Service and/or the Content ("the Software") or any files contained in or generated by the Software by any means whatsoever;
7.9.2 remove any product identification, copyright or other notices, from the Software or documentation;
7.9.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice's hardware;
7.9.4 disseminate performance information or analysis of the Software from any source relating to the Software; or
7.9.5 use the Online Service or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes.
8. Intellectual Property Rights and Licenses
8.1 The Online Service and all Content is owned by us or our suppliers or licensors (who permit us to use it) and is protected by patent, trademark, and/or copyright under the laws of the jurisdictions in which we operate. We reserve all rights (including all intellectual property rights) not expressly granted herein to the Online Service and the Content we make available on or via the Online Service.
8.2 License. We grant you a personal, non-exclusive, non-transferable license to access our Online Service and to use the information and services contained here. This license is solely for your personal use (but not for resale or redistribution) and may not be used for any other purposes. In turn, you grant us a non-exclusive, royalty-free, non-transferable, non-assignable, revocable, perpetual license to use any content you post on the Online Service for any purpose including commercial purposes to the fullest extent permitted by applicable law, subject only to the express provisions of these Terms.
8.3 Neither the foregoing license nor anything contained on the Online Service is intended to nor should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Nando’s Intellectual Property without our prior express written permission or as provided in these Terms. You are strictly prohibited from using any Nando’s Intellectual Property except as expressly provided in these Terms.
8.4 You agree to not engage in the use, copying, downloading, printing, performing, publishing, posting, transmission, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Online Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
8.5 You agree not to circumvent, disable or otherwise interfere with security related features of the Online Service or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Online Service or the Content therein. All moral rights of Nando's and its employees/agents are reserved.
8.6 Any reproduction, modification, creation of derivative works from or redistribution of the Online Service, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Online Service, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
8.7 You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
9. Collection of Personal Information
10.1 To the fullest extent the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
10.1.1 your use of and access to the Online Service and/or the Services;
10.1.2 your violation of any term of these Terms;
10.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
10.1.4 any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Online Service.
11. Limitation of Liability
11.1 SUBJECT TO CLAUSE 11.2 BELOW, AND TO THE FULLEST EXTENT THE LAW ALLOWS, 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 ONLINE SERVICE OR THE SERVICES OR CONTENT PROVIDED FROM AND THROUGH THE ONLINE SERVICE INCLUDING (WITHOUT LIMITATION) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE OR OUR REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE SHALL NOT BE LIABLE FOR AND MAKE NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR OTHERWISE, THAT, AMONGST OTHERS, THE CONTENT AND TECHNOLOGY AVAILABLE FROM THE ONLINE SERVICE ARE FREE FROM ERRORS OR OMISSIONS OR THAT THE SERVICES WILL BE 100% UNINTERRUPTED AND ERROR FREE, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11.2 NO PROVISION OF THESE TERMS (OR ANY CONTRACT GOVERNED BY THESE TERMS):
11.2.1 DOES OR PURPORTS TO LIMIT OR EXEMPT US FROM ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO OUR GROSS NEGLIGENCE OR WILLFUL DEFAULT OR THAT OF ANY OTHER PERSON ACTING FOR OR CONTROLLED BY US) TO THE EXTENT THAT THE LAW DOES NOT ALLOW SUCH A LIMITATION OR EXEMPTION; AND
11.2.2 REQUIRES YOU TO ASSUME RISK OR LIABILITY, TO THE EXTENT THAT THE LAW DOES NOT ALLOW SUCH AN ASSUMPTION OF RISK OR LIABILITY.
12. Exclusion of Warranties and Representations
12.1 WHILE THE GOODS AND SERVICES SOLD VIA THE ONLINE SERVICE MAY BE SUBJECT TO THE ADDITIONAL PAYMENT TERMS AND CONDITIONS ACCESSIBLE VIA THE ONLINE SERVICE, TO THE FULLEST EXTENT ALLOWED BY LAW, THE ONLINE SERVICE 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 ONLINE SERVICE WILL MEET YOUR INDIVIDUAL REQUIREMENTS AND BE COMPATIBLE WITH YOUR HARDWARE AND/OR SOFTWARE.
12.2 TO THE FULLEST EXTENT THE LAW ALLOWS, THE ONLINE SERVICE 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 ONLINE SERVICE OR AS TO THE OPERATION, ACCURACY, COMPLETENESS, INTEGRITY, COMPATIBILITY, AVAILABILITY FUNCTIONALITY OR RELIABILITY OF THE CONTENT, INFORMATION, DATA, DATA PROCESSING SERVICES OR THE UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE ONLINE SERVICE.
13.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
14. Successors and Assigns
14.1 These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
15. Violation of Terms
16. Electronic Communications
16.1 By using the Online Service and/or the Services, you agree that all agreements, notices, disclosures and other communications sent by you or Nando's satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing". For the purposes of this clause, a "data message" means data generated, sent, received or stored by electronic means.
16.2 You agree specifically that:
16.2.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Online Service and/or Services;
16.2.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms;
16.2.3 your use of the Online Service and/or the Services is sufficient evidence of your agreement to these Terms;
16.2.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within the U.S.;
16.2.5 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorized by us; and
16.2.6 subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who has authority to act on our behalf in respect of that data message.
17. Consent to be Contacted
17.1 If you provide, or have provided, a telephone number or email address to us (either through the Site or by other means), you expressly agree that we (or an agent on our behalf) may contact you at that number and/or address in order to provide you with informational and service messages, including via text message, push notification and/or by using automated telephone technology or artificial or prerecorded voice messages. You represent and warrant that you are the authorized subscriber for the telephone number(s) or email addresses you have provided. You may revoke your consent to be contacted at such number(s)email address by emailing us at email@example.com or by replying STOP to a text notification. Standard message and data rates may apply.
17.3 By opting in to receiving text messages you agree that you:
17.3.1 are the authorized user of the mobile device and owner of the mobile phone number provided in the enrollment process;
17.3.2 give us and our agents express permission to send text messages (including auto-dialed, pre-recorded and/or promotional texts) to the mobile number you provide until you tell us to stop;
17.3.3 agree to receive text messages from us even if the registered mobile number is on a Do-Not-Call list.
17.4 Participation is voluntary. You are not required to participate in order to purchase products or Services from us. Message frequency may vary. Standard message and data rates apply.
17.5 If you change carriers or change or deactivate your mobile number it is your responsibility to opt out of our text messaging program before making any such change. Failing to do so will be a material breach of these program terms.
17.6 How to cancel. To stop receiving promotional updates and offers please reply STOP to any text at any time and receive one final text acknowledging receipt of your STOP request
17.8 To get help with text messages. Reply HELP to any text at any time. We do not charge any fee for your participation in the text message program. Check with your wireless carrier for details regarding message or data rates or charges that may apply.
18 Copyright Complaints
18.1 We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights.
18.2 If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Copyright Agent: firstname.lastname@example.org
18.3 It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.
18.4 Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
19 Special Notice to Mobile Application Users
19.1 With respect to each App we may make available for downloading, by taking the required steps to download the App or create an Account on the App, you are expressly agreeing that you have read, understand and agree to be bound by these Terms and any updates or amendments to these Terms. Check these Terms in the App or online periodically to access our most current Terms.
19.2 To use the App you must have a mobile device that is compatible with the mobile service. We do not warrant that the App will be compatible with your mobile device. In addition, the App requires the Internet to function properly. We are not responsible for the availability or quality of Internet service during your use of the App.
19.3 With respect to each instance in which you download an App, we hereby grant you a non-exclusive, non-transferable, non-assignable, revocable license to use an object code copy of the App for one registered account owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, reverse engineer or create derivative works of the App, except to the extent that the law expressly prohibits such a limitation on you; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) copy, reproduce, republish, upload, post, transmit or distribute the App in any way, unless specifically allowed in these Terms; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; (v) delete the copyright, trademark and other proprietary rights notices on the App; or (vi) create another app to sniff, phish, scrape, or otherwise monitor the App unless allowed by the platform for all apps on the Android and iOS platforms.
19.4 You acknowledge that we may, from time to time, issue upgraded versions of the App, and may, depending on your device settings, automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms, as may be revised from time to time, will apply to all such upgrades. You further understand and agree that, if the App on your mobile device is not upgraded, either automatically or manually by you, following the release of an upgraded version of the App, you may be unable to access, utilize or otherwise take full advantage of features, functionality, patches, offers, discounts or rewards enabled by the upgraded version of the App. Similarly, you acknowledge and agree that some updates may not support older model devices resulting in the App no longer working on your device. We shall have no liability to you with respect to your continued use of the App if not upgraded upon release of a new version or your inability to use the App following such an upgrade.
19.5 The foregoing license grant is not a sale of the App or any copy thereof, and we and our third party licensors or suppliers retain all rights, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App. Your use of any App may also be governed by the terms and policies of your mobile network provider, the app store from which you download the App, your device manufacturer or operating system/software provider, and credit card or third party payment provider. Use of an App may transmit data concerning your use of the App to us or to third parties such as your payment provider. This information may include geolocation data or payment data.
19.6 Special Terms for Apple Users. Users of our Apps acknowledge that they have reviewed and agree to the terms of the online app marketplace from which they have downloaded the App. The following additional terms and conditions apply with respect to any App that Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
19.6.1 You acknowledge that these Terms are between you and us only, and not with Apple, Inc. (“Apple”).
19.6.2 Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
19.6.3 We, and not Apple, are solely responsible for our iOS App and the services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
19.6.4 You agree that we, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims pertaining to our iOS App; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of our iOS App.
19.6.5 You agree that we, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
19.6.6 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
19.6.7 You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App).
19.6.8 You and we agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of our iOS App as a third party beneficiary thereof.
20 Applicable Law/ Jurisdiction
20.1 These Terms and the relationship between us shall be governed and construed in accordance with the law of the state of Delaware excluding its conflicts-of-law rules. Any disputes arising in connection with these Terms and our Services shall be subject to the following Agreement to Arbitrate Disputes.
21. Agreement to Arbitrate Disputes/ Jury and Class Action Waiver
21.1 Any controversy or claim arising out of or relating to your use of the Site (including any claim involving Nando’s or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers) shall be settled by arbitration administered by arbitration through JAMS and their Rules conducted in Washington, D.C., and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the federal courts of the District of Columbia for enforcement of this arbitration provision.
21.2 Our customer-service department can resolve most customer concerns quickly and to the user's satisfaction. Please contact us using the contact information below. Before either of us can begin an arbitration, we must each notify each other about the claim in writing (“Notice”) and try to resolve the dispute informally within 30 days. If you have a claim, you must send us a letter in which you (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). In the unlikely event that you are not satisfied with customer service's solution (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
21.3 Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. In arbitration you are entitled to recover attorneys' fees from us to at least the same extent as you would be in court. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.
21.4 If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules.
21.5 Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If you reside outside of the United States, and to the extent that applicable local law prevents certain disputes from being arbitrated in accordance with this Agreement to Arbitrate Disputes, then you can file those disputes in your local courts. Likewise, if you reside outside of the United States, and applicable local law prevents your local court from applying State of Delaware law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, or other place of residence.
22 Interpretation and Miscellaneous Provisions
22.1 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
22.2 The termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
23.1 Nando’s Restaurant Group is committed to serving all of its customers, including customers with disabilities. This website is designed to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 digital accessibility standards [and has been tested for compliance using several digital accessibility audit tools, including Accessibility Insights and AChecker]. If you have difficulty using any aspect of our site or mobile app, please contact us at email@example.com. Our commitment to accessibility is ongoing, so we invite your feedback.
24 How to contact us
Effective Date: 1/10/2021