NANDO'S AUSTRALIA WIFI TERMS & CONDITIONS OF USE

Welcome

Welcome to our free wireless internet service capped at 1 hour session intervals (the Service). The Service is provided by Nando’s Australia Pty Ltd ABN 20 079 066 407 (Nando’s, we, us or our) for use by customers of Nando’s.

We provide the Service to you free of charge in participating Nando’s restaurants in areas that are enabled with a wireless local area network.

Any reference to “you” or “your” includes the owner and authorised user of the computer, mobile or other wireless enabled device used to access the Service (Device).

Acceptance

Access to and use of the Service is subject to these Terms & Conditions of Use (Terms). By clicking "ACCEPT" on the sign-up page, and by accessing and using the Service, you represent that you have read, understood, accepted and agreed to these Terms and that you will comply with them. Your electronic acceptance of the Terms by clicking "ACCEPT" has the same effect as if you had signed them. You are bound by these Terms each time you access and use the Service so please review them each time.

If you do not agree to the Terms, you must not access or use the Service.

The effective date of these Terms is the date that you click "ACCEPT" and is updated each time you access and use the Service.

Connecting

We do not warrant or represent that you will be able to access or use the Service immediately, or at all, each time that you visit a participating Nando’s restaurant.

You are responsible for providing your own Device that can access the Service with its own power source. You must not use the Service if you do not have permission of the lawful owner of the Device.

We do not provide information, technology advice or assistance to any user of the Service and we do not guarantee that the Service will be compatible with any Devices or software you may use.

Service Description

You may be given access to the Internet via Wi-Fi access points using an 802.11 standard (Wi-Fi Hotspots). To access the Service, you must have a Device that is compatible with the Wi-Fi equipment used at the Wi-Fi Hotspot.

The speed, reliability and throughput of the Service will vary depending on several factors, including:

• capabilities of your wireless enabled Device;
• physical location of the wireless access points within the participating Nando’s restaurant;
• user traffic of the Service during the time of access;
• general congestion of the Internet;
• interference with any wireless signal; and
• location of your wireless enabled Device while accessing the Service.

Nando’s will use reasonable endeavours to provide you with reliable, stable and secure access to the Service, but subject to the Statutory Guarantees referred to below, does not promise, warrant or guarantee that access to the Service will be continuous, fault-free, secure or accessible, and will not be responsible for data, messages or pages that you may lose, or that become misdirected, because of interruptions or performance issues with the Service, and will not be liable if the Service becomes unstable, unsecure, slow or unavailable for any reason.

Nando’s will use reasonable endeavours to monitor and attend to Wi-Fi Hotspot faults, malfunctions or other problems with access, but subject to the Statutory Guarantees referred to below, will not be liable for any faults, malfunctions or problems that occur with any Wi-Fi Hotspot, and shall not be obliged to fix any such faults, malfunctions or problems with the Wi-Fi Hotspot in any specific time.

We are providing the Service to customers free of charge to support general web browsing activities. Due to possible limited bandwidth, and to ensure a consistent experience for all customers, our Wi-Fi Hotspots and the Service do not support high-bandwidth actions (e.g. streaming music or videos or downloading large files) and is not suitable for supporting applications or use which needs continuous, fault-free network connectivity or uninterrupted data traffic flow.

Service Use

The Service is for your personal use only in a fair and just manner. Therefore, Nando’s may, in its sole discretion, limit or block access to, and use of, certain websites or content that you may wish to access while using the Service including content or websites that Nando’s considers are not “family-friendly” or may bring negative exposure or harm to the reputation of Nando’s or the Nando’s brand. You must follow all directions issued by us relating to use and access to the Service.

You agree not to use, or attempt to use, the Service for any fraudulent, unlawful, harassing, abusive, unethical or unlawful purpose, nor engage in any use that damages, or has the potential to damage, or causes, or has the potential to cause, risk to Nando’s, its business, reputation, employees, other users, equipment or any third person or party.

Access to, and use of, websites or content via the Service is subject to them passing through firewall and security protection systems before internet pages are delivered to your wireless enabled Device, which are determined and set in Nando’s sole discretion.

Suspension & Termination

We may immediately suspend, terminate or limit your access to the Service if:

• you are in breach of these Terms;
• you attempt to manipulate or bypass any limitations of the Service by any means;
• you behave in an illegal, inappropriate, improper or unsociable way;
• we reasonably believe that there is a real risk of serious loss or damage to Nando’s, or any third party, if we do not suspend, terminate or limit your access;
• there is an emergency; or
• there is unusually high use of the Service.

Service Modifications

Nando’s reserves the right to modify or discontinue, temporarily or permanently, the Service (or any function or feature of the Service) without notice to you. You agree that Nando’s will not be liable to you or any third party for taking such action.

Security

The Internet is an inherently insecure communication medium. While we will use reasonable endeavours to provide secure access through the Wi-Fi Hotspot, we cannot always guarantee its security. Also, information sent by you when using the Service is not encrypted and you acknowledge that we do not guarantee the security of any content, and it is entirely your responsibility to satisfy yourself whether the security measures of the Service are appropriate for your needs.

You are solely responsible for any information or data uploaded, downloaded or communicated via the Service and for keeping all usernames, passwords and other security-based information secure and private. We strongly recommend that you install a personal firewall on your wireless enabled Device to block unwanted traffic or downloads.

Subject to the Statutory Guarantees referred to below, but without limiting any other provision of these Terms, we assume no responsibility, and will not be liable to you for any kind of loss or damage incurred as a result of you using the Wi-Fi Hotspot or the Service, including any viruses or harmful code that may infect your wireless enabled Device or property, because of, or in connection with, your access to or use of the Wi-Fi Hotspot or Service.

Privacy

We are committed to safeguarding personal privacy, and we recognise that individuals have a right to control how their personal information is collected, used, stored and disclosed. Nando’s Privacy Policy explains how we collect, use, store, disclose and otherwise treat your personal data, which can be found at https://www.nandos.com.au/privacy-policy.

Nando’s will only collect, use and store your personal information for the purposes of delivering the Wi-Fi Hotspot and the Service in line with applicable legislation and these Terms and to send text messages to your nominated mobile phone number when you’re near a participating restaurant.

We are not responsible for how any third party (including any website, Internet or electronic application you access or use through the Wi-Fi Hotspot) collects or uses your personal information. You are solely responsible for checking the terms of use and privacy policies of each website that you visit and determining if you accept those terms or privacy policies.

Liability Limitation

Your use of the Service under these Terms may be subject to guarantees, warranties, terms and conditions given by the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) as amended from time to time which expressly may not be excluded, restricted or modified (Statutory Guarantees). Nothing in these Terms excludes, restricts or modifies the Statutory Guarantees.

This Service is provided on an "as is" and "as available" basis. Your access to and use of the Service is entirely at your own risk. Subject to the Statutory Guarantees referred to above, and to the maximum extent permitted by law, we make no warranties or representations, express or implied, statutory or otherwise, about the accessibility, security, stability or reliability of the Wi-Fi Hotspot or the Service. We specifically disclaim liability or responsibility for any Wi-Fi Hotspot or Service faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including transactions) made using the Service, or any damage to, or viruses that may infect, your Device or other property resulting from your access to the Wi-Fi Hotspot or the Service. We have no liability or responsibility for any loss suffered or caused by viruses that may infect your Device or other property because of your use of, access to, or downloading of any material using the Service. If you choose to upload or download material using the Service, you do so at your own risk.

We do not control material, information, products or services on the Internet which can contain unedited or offensive materials. As we have no control over these items, we therefore accept no responsibility for them and you assume full responsibility and risk for your use of the Service and the Internet. You are solely responsible for evaluating the accuracy, completeness and usefulness of all services, products and information and the quality and merchantability of all items provided through the Service or the Internet.

Subject to the Statutory Guarantees referred to above, Nando’s is not liable for any direct, incidental, consequential, indirect or punitive losses or damages arising out of your access to, or use of, or inability to use or access, the Wi-Fi Hotspot or the Service for any reason, even if we have been notified or advised of the possibility of such damages. We assume no responsibility, and we make no warranty or representation regarding, your use of any third party proprietary software.

Indemnity & Release

You agree to defend, indemnify, release, and hold harmless Nando’s and its officers, employees, agents and representatives, from and against any and all loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind arising from your negligent use of the Service or of any breach of these Terms.

Governing Law

You agree that any matter regarding the access or use of the Service shall be governed by the laws of Victoria and you submit to the exclusive jurisdiction of the courts of Victoria.

Changes

We may at any time, in our sole discretion, modify these Terms. The modifications will be binding and effective on the date of posting on our website (https://www.nandos.com.au/policies-and-terms). You agree to review the Terms before each time you use the Service to keep aware of any changes. By continuing to access and use the Service, you accept and agree to all changes.

If any provisions in these Terms are deemed void, unenforceable or illegal, that provision will be severed, and the rest of these Terms will have full force and effect.

Last Revised: March 2023.