Legal
Nando’s Canada
Terms of Service
These terms of service (the "Terms of Service") were last amended on September 30, 2021.
These Terms of Services relate to the use of Nando’s Chickenland (West) Ltd. (“Nando’s”) website located at www.nandos.ca (the “Website”), use of our mobile applications (the “Applications”) as well as any WIFI or Internet service provided at any Nando’s restaurants in Canada (the Website, our mobile applications and all such services are herein collectively call the "Services").
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE THE SERVICES. BY ACCESSING OR USING ANY OF THE SERVICES YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL THE TERMS SET OUT IN THESE TERMS OF SERVICE YOU MAY NOT ACCESS OR USE ANY OF THE SERVICES.
Amendments
Nando’s may amend these Terms of Service at any time by posting new terms of service in place of this one. Nando’s will post notice that the Terms of Service have been amended on its main website located at www.nandos.ca for a period of 30 days. The amended terms of service shall automatically be effective when posted. Your continued use of the Services following the posting of the amended terms of service and the posting of such notice shall mean that you accept the terms of these Terms of Service as amended. If you do not agree with any of the terms of the amended Terms of Service, then you must terminate all use of the Services. These Terms of Service may not otherwise be amended.
The first paragraph of these Terms of Service indicates when these Terms of Service were last amended. Please check back regularly to review for changes.
License
You are hereby granted a non-exclusive and non-transferable license to access and use the Services pursuant to the terms set out in these Terms of Service.
Access
In order to access and use the Services you agree to abide by the terms and conditions of these Terms of Service. Any other access or use shall constitute a trespass on Nando’s computer systems, shall constitute an infringement of Nando’s intellectual property and an unlawful use of Nando’s assets.
Certain portions of the Services may require you to have a user id. This may require you to provide some personal information to Nando’s. You agree to (a) provide true, accurate, current and complete information about yourself as requested and (b) promptly update this information as required to keep it true, accurate, current and complete.
Nando’s has the right, in Nando’s sole discretion, to suspend or terminate your current and future access and use of the Services in the event Nando’s reasonably believes that you are conducting yourself or providing information in a manner which is in breach of these Terms of Service.
Nando’s reserves the right to monitor your use of the Services to ensure that the terms set out in these Terms of Service are being complied with.
Applications
All Applications are strictly licensed to you pursuant to these Terms of Service and all right, title and interest in and to the Applications shall at all times remain with Nando’s and you shall have no right, title or interest in or to any Applications except the limited right to use the same pursuant to these Terms of Service. On termination of these Terms of Service or on termination of your right to use the Services, you are required to delete all copies of the Applications on your electronic device. You may not disassemble, decompile, reverse engineer or otherwise attempt to generate any source code for any of the Applications.
Your Conduct
You may not create, upload, download, store or share any documents, information, content or other material, including in your communications with other users of the Services, which:
is false, misleading, deceptive or fraudulent, including through failure to keep your information true, accurate and current or through omission of any relevant information;
is defamatory or libellous of any person or organization;
is offensive, vulgar or obscene or contains any nudity or pornography of any kind;
violates, misappropriates or infringes or potentially violates, misappropriates or infringes any third-party intellectual property or other proprietary right, including without limitation, copyright, patent, trademark, trade secret, right of publicity or right of privacy;
is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distributes any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
violates, in any way, any federal, state, provincial or local law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination or false advertising;
creates liability or potentially creates liability to Nando’s or its service providers;
damages or potentially damages Nando’s or its computer systems or damages or potentially damages its service providers or their computer systems; or
promotes, suggests or encourages, in any manner, any of the foregoing.
For any personal information contained in your material, you agree to comply with all laws respecting personal information and privacy. You agree to not collect, use or disclose any personal information of any individual without the consent of that individual unless such consent is not required by law.
Nando’s reserves the right to review your material to ensure that it complies with these Terms of Service. No such review or lack of a review shall in any way deem Nando’s of approving or endorsing such material or signifying that such material complies with these Terms of Use.
You shall not, in connection with the Services or your interactions with other users of the Services:
"stalk", harass or threaten any person or organization;
attempt to impersonate anyone or misrepresent who you are or your affiliation with any other person or entity; or
commit or attempt to commit any dishonest act, act of extortion, act of blackmail, act of fraud or any act which infringes any third-party rights.
You shall not, in connection with the Services, send unsolicited communications to other users, except as may be permitted by the Services and only in circumstances and quantities that are reasonable.
You shall not, in any manner whatsoever, behave, be involved in or commit any act of discrimination, bigotry, racism or hatred against any individual or group.
You agree not to use any spider, robot or other automatic means to search or monitor the content of the Services.
You agree to not attempt to circumvent or bypass any security measures used in connection with the Services.
You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with the Services or their use by any other user.
You agree not to cause any unreasonable burden or load on the Services or its computer systems.
You may not solicit users to use a third-party service that is similar to or that may be competitive to the Services.
You shall not promote, suggest or encourage, in any manner, any of the foregoing.
If you feel that any other user has acted inappropriately you should immediately report such person to Nando’s. If you suspect that the matter may be of a criminal nature, you should report the matter to the police.
Nando’s strongly encourages you to be vigilant in all interactions with users of the Services.
Services
You agree that Nando’s will not be liable for any delay or unavailability of any of the Services, whether due to an act or omission of Nando’s or an act or omission of any third party.
Nando’s may change, add to or delete from its Services at any time without notice. You agree to bear all risks, costs and damages that you may incur or suffer as a result of those changes.
As with any activity on the Internet, there is a risk that any individual may be misrepresenting who they actually are. Their motivation for this misrepresentation may include for the purposes of fraud, deceit, identity theft and other criminal activity. As such, Nando’s strongly encourages you to be vigilant in all interactions with participants of the Services.
Nando’s does not employ any verification in order to verify that an individual is who they claim to be.
BY ACCESSING OR USING ANY OF THE SERVICES YOU AGREE TO ASSUME ALL RISKS OF LOSS OR DAMAGE THAT MAY ARISE AS A RESULT OF YOUR INTERACTION WITH ANY OTHER USER OF THE SERVICES.
Links to Internet Resources
Links to other Internet resources which are provided through the Services are provided as a courtesy and you may only use them at your sole risk. The content, accuracy, opinions expressed, other information and any products or services obtained from or through any links are not investigated, verified, monitored or endorsed by Nando’s. Nando’s shall not be responsible for any content or for any products or services obtained from or through those links.
No partnership or other relationship should be implied merely from the fact that a link to a third-party website is provided on the Services.
User Suggestions
Nando’s may enable you to provide suggestions or comments about the Services or about Nando’s other products and services. By making any suggestion or comment by or through the Services or otherwise, you agree to grant, and you will be thereby granting, to Nando’s a world-wide, royalty-free, non-exclusive and irrevocable license to use that suggestion or comment in any manner that it may wish, including to improve its products and services and its organisation and its processes. You hereby agree and acknowledge that you will not receive any recognition or compensation in connection with the same.
Intellectual Property
Nando’s has certain protectable proprietary rights in its Services, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display, frame or in any way exploit any of the Services or any content obtained from or through the Services other than as may be explicitly permitted as set out on the Services.
Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE USED BY YOU AT YOUR SOLE RISK. IN RESPECT OF SAME, NANDO’S MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF CORRECTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. NANDO’S ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS.
Limited Liability
UNDER NO CIRCUMSTANCES SHALL NANDO’S BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF BUSINESS OR RELATED LOSSES OR EXPENSES OR LOSS OF ANTICIPATED SAVINGS, LOST OPPORTUNITY, GOODWILL, REVENUE, DATA OR PROFIT INCURRED OR SUFFERED BY YOU WHICH MAY ARISE OUT OF ANY FAILURE OF OR ANY DEFECTS OR ERRORS IN THE SERVICES, WHETHER OR NOT NANDO’S WAS TOLD OF THE POSSIBILITY OF SAME.
IN ALL CIRCUMSTANCES, NANDO’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE AND IN CONNECTION WITH ANY FAILURE OF OR ANY DEFECTS OR ERRORS IN THE SERVICES, ARISING IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE TOTAL OF THE MONIES PAID BY YOU TO NANDO’S IN CONNECTION WITH THE SERVICES OR $10.00 (CDN), WHICHEVER IS HIGHER.
Indemnity
You agree to indemnify and hold Nando’s, its employees, officers, directors, agents and partners harmless, including from reasonable attorney fees, from any and all claims and demands made by anyone due to or arising from your use of the Services or your violation of these Terms of Service.
No Agency
The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by these Terms of Service and neither party shall state or imply anything to the contrary.
No Waiver
Nando’s failure to insist upon or enforce strict compliance with any provision of these Terms of Service shall not be construed as a waiver of any provision or right of the same or different type in the future.
Entire Terms of Service
The terms and conditions set out in these Terms of Service constitute the entire terms and conditions with respect to the use of the Services and the relationship between the parties for the purposes of the same. No representative of Nando’s is authorized to amend the terms of these Terms of Service other than as specifically provided for herein.
Termination
Notwithstanding the termination or expiration of these Terms of Service for any reason, the provisions of these Terms of Service relating to user suggestions, intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination or expiration.
Governing Law
These Terms of Service, your use of the Services and the resolution of any dispute arising between the parties in connection with the Services shall be governed and construed in accordance with the laws of the Province of Ontario and those of Canada applicable therein, without reference to their conflict of laws. You agree that any legal action or proceeding between you and Nando’s which in any way concerns any of the foregoing shall be brought exclusively in the courts of Ontario. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief.
Severability
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be severed from these Terms of Service and the remaining provisions shall remain in full force and effect.
Headings
Headings are for reference purposes only and shall not be used in the interpretation of these Terms of Service.
Accessibility
Nando’s Chickenland (Canada) Inc. 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 accessibility@nandosperiperi.com. Our commitment to accessibility is ongoing, so we invite your feedback.
Contest Terms & Conditions
Nando’s Canada Corporate, Inc. Contest April 2024 Terms & Conditions
Promoter: Nando’s Canada Corporate, Inc. of 5865 Kennedy Rd, Mississauga, ON L4Z 2G3.
These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of the terms and conditions and by entering this promotion all participants will be deemed to have accepted and be bound by these terms and conditions. Please retain a copy for your information.
The personal data provided by entrants to the Promoter will only be used by the Promoter for the purpose of conducting the promotion and at all times in accordance with the Promoter’s Privacy Policy (available at https://www.nandos.ca/privacy-policy). From time to time, the Promoter may share entrants’ personal data with their agents/representatives to assist with administering the promotion, contacting entrants and prize fulfilment (as necessary). This section does not limit any other consent(s) that an individual may provide the Promoter in relation to the collection, use and/or disclosure of their personal data.
Only open to Canadian residents aged 18 or over, excluding current and former employees of Promoter (and its respective parents, subsidiaries, franchisees, or affiliates), and/or their relatives, agents, representatives and any entity involved in the development, production, administration, or fulfillment of the promotion and any person with whom such persons are living, whether related or not. Participants who are under the age of majority where they reside must have the consent of their parent/guardian to participate, and to these terms and conditions.
1. HOW TO TAKE PART
No Purchase Necessary. In order to take part in this promotion participants must follow the steps noted below:
a) Follow URL to the promotional website.
b) Once on the promotional website, the participant must fill in the following details, to enter the competition:
Full Name
Email Address
Postal Code
c) Eligible entries received during the Promotion Period will receive one (1) entry in the Promotion.
d) Participants must agree to these terms and conditions that permit Promoter to use all the Entry Materials.
e) By participating in the promotion, each participant agrees to be bound by these Official Rules (the “Rules”) and by the interpretation of these Rules by the Promoter, and further warrants and represents that his/her Entry Materials are accurate to the best of participants’ belief and knowledge.
2. PRIZES
The prizes available to be won are as follows:
There will be one (1) $100 Nando’s gift card awarded upon close of the competition. The Promoter’s decisions are final, and no correspondence will be entered into disputing this decision.
BY ACCEPTING A PRIZE, each winner agrees and acknowledges that: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); and (iii) releases the Promoter and its officers, directors, employees, agents, representatives, successors and assigns from any and all liability in connection with this promotion, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof. If the selected participant: (a) does not agree to these terms; (b) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Promoter in its sole and absolute discretion); then they may, in the sole and absolute discretion of the Promoter, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Promoter reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules during the Promotion Period.
3. TERMS APPLICABLE TO ALL ELEMENTS OF THE PROMOTION AND ALL PRIZES
a) There are no cash or other alternatives to any of the prizes in whole or in part.
b) Prizes are not transferable. No substitutions except at Promoter’s option. Promoter reserves the right, in its sole and absolute discretion, to substitute the Prize or a component thereof with a prize of equal or greater retail value.
c) The Promoter reserves the right to reclaim a prize if it is transferred.
d) Subject to early termination by the Promoter, for any reason, and subject only the jurisdiction of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, participants will be able to enter between [date] and midnight [date] (“Promotion Period”). No new entries will be accepted after December 31, 2024.
e) Entries must be made personally. Entries made through agents/third parties, bulk entries or automated entries are invalid.
f) Winners will be contacted via email to organize receipt of their prize. Winners will be required to confirm acceptance of their prize and provide their address for shipment of the prize within seven (7) days of notice receipt. If a winner cannot be contacted, fails to respond or fails to submit any required documents, information and/or comply with the terms and conditions set forth herein within the required time period, said winner forfeits their prize.
g) This offer is limited to one entry per person for the duration of the promotion. A maximum of one prize is permitted per person.
h) The Promoter accepts no responsibility for lost or stolen prizes or vouchers.
i) No entries submitted via any other means than the means described in these terms and conditions will be accepted. The Promoter does not guarantee uninterrupted or secure access to the web entry route. Any mechanical reproduction or automated entries is prohibited, and any use of such automated devices will cause disqualification.
j) A minimum of one will be awarded to participants at the end of this promotion. No more prizes than stated in these Rules will be awarded. Once these prizes have been awarded no further prizes will be provided subject to the discretion of the Promoter.
k) The Promoter reserves the right to verify all entries and to refuse to award a prize and/or refuse further participation and disqualify the participant where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of the entry requirements or otherwise where a participant has entered the promotion using fraudulent means. The Promoter will be the final arbiter in any decisions, and these will be binding, and no correspondence will be entered into other than as elected by the Promoter in its discretion.
l) In the event that the Promotion is not capable of running as planned for reasons including but not limited to tampering, unauthorized intervention, fraud, dishonesty, technical failures, or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right to disqualify any individual who tampers with the entry process or does not comply with these terms and conditions and to cancel, modify or suspend the Promotion or invalidate any affected entries.
m) An entry must be made directly by the individual entering the Promotion. Bulk entries from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries and entries submitted by macros or other automated means together with entries which do not satisfy the requirements of these terms and conditions in full will be disqualified and will be not be counted. If it becomes apparent that an entrant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that entrant’s entries into the Promotion in a way that is not consistent with the rules of the Promotion, that entrant’s entries will be disqualified and any Prize awarded will be void. Entrants are not permitted to enter using anonymous email services such as, but not limited to, GuerillaMail, Dispostable or Mailinator.
n) The Promoter will not be liable for any failure to comply with its obligations or any delay in performing its obligations within these terms and conditions if an act, omission, event or circumstance occurs caused by (but not limited to) global or regional health crises, weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, epidemic, pandemic, famine, plague or other natural calamities and acts of God, or any other circumstances beyond the reasonable control of the Promoter.
o) The Promoter may refuse to award a Prize in the event of any entrant’s fraud, dishonesty, breach or non-entitlement under these terms and conditions or seek recovery of its value if the Prize has been awarded.
p) The decision of the Promoter in all matters is final and binding and no correspondence will be entered into other than as elected by the Promoter in its discretion. ANYONE DEEMED BY THE PROMOTER TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE PROMOTER AT ANY TIME.
q) The Promoter is not responsible for any third-party acts or omissions.
r) The Promoter does not guarantee that the promotion will be free from disruptions, failings or cancellations. The Promoter is not liable for such disruptions, failings or cancellations.
s) The Promoter reserves the right to cancel or amend this promotion at any time for any reason, subject only the jurisdiction of the Régie in Quebec.
t) All taxes (including without limitation national & local taxes) in connection with any prize and the reporting consequence thereof, are the sole responsibility of the prize winner.
These Rules and any dispute or difference arising out of or in connection with them shall be governed by and construed in accordance with laws of Province of Ontario. The Promoter and each entrant irrevocably agree to submit to the exclusive jurisdiction of the Courts of Ontario over any claim or matter arising under or in connection with these Rules or the legal relationships established by this agreement.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.