Terms of service

Welcome to Nando’s website and/or mobile app. This page tells you the terms of use (the
"Terms") on which you may make use of our websites or any mobile app we make available via an app
store, whether as a guest or a registered user.
Please read these Terms carefully before you start to use our Websites or Nandos App (as defined
below).
When certain words and phrases are used in these Terms, they have specific meanings (these are
known as "defined terms"). You can identify these defined terms because they start with capital
letters (even if they are not at the start of a sentence). Where a defined term is used, it has the
meaning given to it in the section of these Terms where it was defined (you can find these meanings
by looking at the sentence where the defined term is included in brackets and speech marks).
In these Terms, when we refer to "we", "us" or "our" we mean the Company; and when we refer
to "you" or "your" we mean you, the person accessing or using the Websites or Nandos App.
For information on how we store customer data please refer to Part 3 below on our privacy
policy.

1. Information about us

1.1 Kilmun Holdings Limited (Nando’s Mauritius) is a company registered in Mauritius
under business registration number C08077915, with its registered
office at Room 105B, Moka Business Centre, Montagne Ory Road, Moka, and with VAT number
20432621 (the "Company").
1.2 The Company operates the following websites in the Mauritius:
• nandos.mu (the "Nandos Website"); and
• swimnandosmauritius.com (the "Swim Website"), each a
"Website" and together the "Websites".

1.3 The Company also operates the Nandos mobile app (the "Nandos App").

2. Websites and Nandos App

2.1 The Websites and Nandos App are made available free of charge. We do not guarantee that
the Websites and Nandos App, or any content on it, will always be available or be uninterrupted.
Access to the Websites and Nandos App is permitted on a temporary basis. We may suspend,
withdraw, discontinue or change all or any part of the Websites or Nandos App without notice. We
will not be liable to you if for any reason the Websites or Nandos App are unavailable at any time or for
any period. We may update the Websites and Nandos App and/or change the content on them at any
time.
2.2 You are responsible for making all arrangements necessary for you to have access to the
Websites and Nandos App. You are also responsible for ensuring that all persons who access the
Websites and Nandos App through your internet connection are aware of these Terms and that they
comply with them.
2.3 The Nandos App requires a smartphone or other mobile device running either the iOS
or Android operating systems (the device you use, the "Device") and, to download the Nandos
App and to access the latest features, you will need Internet access.
2.4 Please note that certain functions made available on the Websites and Nandos App are
governed by additional terms and conditions set out at Part 1a below. In order to download the
Nandos App you must also review and agree to the additional Nandos App terms set out below and any
other terms and conditions imposed by the app store from which you have downloaded the Nandos
App.
2.5 The Websites and Nandos App and the content on it are provided for general information
purposes only. They are not intended to amount to advice (medical or otherwise) on which you
should rely.
2.6 You may only use the Websites and Nandos App for your own domestic, private and
non-commercial use.


3. Your account and password

3.1 You will need to register an account with us in order to access certain services available on
the Websites and Nandos App ("Account"). If you register an Account, you will be asked to
provide certain information (such as your email address) and to create a password, as part
of our security procedures.

an Account, you will be asked to provide certain information (such as
your email address) and to create a password, as part of our security
procedures.

3.2 We use Single Sign On ("SSO") for account management. This means that registered
users can access all of our online services with one set of log in details.
3.3 You must be at least 18 years old to register an account and to make use of the services listed
below:

3.3.1 online order for delivery or collection (see our Online Ordering Terms & Conditions below);
3.3.2 signing up to our in-restaurant Wi-Fi (see our Restaurant Wi-Fi Terms & Conditions below);
3.3.3 registering a Gift Card (see our Gift Card Terms & Conditions below); and
3.3.4 opting to receive marketing communications.

3.4 To protect your Account, keep your password confidential and do not disclose it to any
third party. You are responsible for the activity that happens on or through your Account. It is best
practice not to reuse your Account password on third-party applications. If you know or suspect
that anyone other than you know your Account login details, you must immediately notify us at
[email protected] Please choose a unique and strong password that is not used
anywhere else.


3.5 We have the right to disable any Accounts and/or passwords, at any time, if in our
reasonable opinion you have failed to comply with any of the provisions of these Terms.

3.6 You can delete your Account by contacting us at
[email protected] or calling +230 4600390.


4. General Acceptance Use


4.1 You agree not to:

4.1.1 use the Websites or Nandos App in any way that breaches these Terms or any
applicable local, national or international law or regulation;
4.1.2 copy, or otherwise reproduce or re-sell any part of the Websites or
Nandos App unless expressly permitted to do so in these Terms; or
4.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the
operation of the Websites or Nandos App or any equipment, network or software used in
operating the Websites or Nandos App.

5. User Generated Content

5.1 If it is the case that you supply/upload any content to the Websites or Nandos App –
whether it be pictures, text, sound recordings or whatever – the content you supply ("User
Generated Content") must comply with the following rules:
5.1.1 it must not be obscene, abusive, offensive or racist and it must not
promote or propose hatred or physical harm against anyone;
5.1.2 it must not harass or bully another person;
5.1.3 it must be true and honest so far as you know;
5.1.4 it must not be defamatory of anyone;

5.1.5 it must not use the material or content or infringe the rights or privacy of anyone else; for
example, you should not use images of well-known characters, footage or music (unless it is
your own);
5.1.6 it must not contain someone else’s personal details or confidential
information relating to other people; and
5.1.7 it must not promote or condone terrorism, violence or illegal behaviour.


5.2 We reserve the right to refuse to accept or refuse or cease to use any User Generated
Content supplied by any person that we think contravenes these rules.
5.3 In addition, we may from time to time provide interactive services on the Websites or
Nandos App that shall enable you to upload User Generated Content, including, without
limitation:

5.3.1 comment facilities;
5.3.2 chat rooms; and/or

5.3.3 bulletin boards, (together "Interactive Services").

5.4 Where we provide an Interactive Service, we will use reasonable endeavours to provide
information to you about the kind of service offered
moderated. However, we are under no obligation to oversee,
monitor or moderate any Interactive Service we
provide.

5.5 The use of any of our Interactive Services by a minor is subject to the consent of
their parent or guardian. We advise parents who permit their children to use an
Interactive Service that it is important that they communicate with their children about their
safety online. Minors who are using any Interactive Service should be made aware of the
potential risks to them.

6. Viruses

6.1 We do not guarantee that the Websites or Nandos App will be secure or free from bugs or
viruses. You are responsible for configuring your information technology, computer
programmes and platform in order to access the Websites or Nandos App and we recommend
that you use your own virus protection software.
6.2 You must not misuse the Websites or Nandos App by knowingly introducing viruses, trojans,
worms, logic bombs or other material which is malicious or technologically harmful. You must not
attempt to gain unauthorised access to the Websites or Nandos App, the server on which the
Websites or Nandos App are stored, or any server, computer or database connected to the
Websites or Nandos App. You must not attack the Websites or Nandos App via a denial-of-
service attack or a distributed denial-of service attack. By breaching this provision, you would
commit an criminal offence under the Computer Misuse and Cybercrime Act 2003. We will report
any such breach to the relevant law enforcement authorities, and we will co-operate with those
authorities by disclosing your identity to them. In the event of such a breach, your right to use the
Websites or Nandos App will cease immediately.


7. Intellectual property

7.1 We are the owner or licensee of all intellectual property rights in the Websites and their
content, the Nandos App and its content, the Nandos name and mark and Nandos product
names, images and packaging. Those works are protected by intellectual property laws and
treaties around the world. All such rights are reserved.

7.2 You are not granted any right to use, and may not use, any of our intellectual property
rights other than as set out in these Terms. You must not use the Websites or Nandos App (or any
part of them or their content) for commercial purposes; however, you may download material from
the Websites and Nandos App solely for non-commercial, personal use by you.
7.3 No part of the Websites or Nandos App, including, without limitation, the text, designs,
graphics, photographs and images contained in them, may be copied, reproduced,
republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any
way for any non-personal, public or commercial purpose without our prior written consent.
7.4 Any communications or materials you send to us through the Websites or Nandos App by
electronic mail or other means will be treated as non- proprietary and non-confidential
within the limits authorised by law (other than communications in respect of your order if
you use the Websites or Nandos App to buy products from us). We are free to publish, display,
post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and
other information contained in such communications or material for any purpose,
including, but not limited to, developing, manufacturing, advertising and marketing us and our
products. You grant us a non-exclusive, transferable, perpetual, royalty-free, worldwide
licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivate works of
and/or amend any User Generated Content in any format, including in our services and
products for any purpose including in relation to the promotion of our services and products.
7.5 We grant to you a non-transferable, non-exclusive, revocable licence to use the Nandos App
on the Devices provided that you comply with these Terms and the documents referred to in it.
We reserve all other rights.

8. Our liability

8.1 Nothing in these Terms excludes or limits our liability for:
8.1.1 death or personal injury caused by our proven negligence;
8.1.2 proven fraud or fraudulent misrepresentation;
8.1.3 any matter in respect of which it would be unlawful for us to
exclude or restrict our liability.

8.2 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is
foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and
us at the time that you accessed the Website and/or Nandos App.
8.3 We only supply the Websites and Nandos App for domestic and private use. You agree not to
use the Websites or Nandos App, or any content on the Websites or Nandos App, for any
commercial or business purposes and we have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
8.4 Nothing in these Terms affects your statutory rights and protections. You can seek advice
and guidance from the consumer Protection Unit.
8.5 We assume no responsibility for the content of websites linked to from the Websites or
Nandos App (including links to any commercial sponsors or partners). Such links should not be
interpreted as endorsement by us of those linked websites. We will not be liable for any loss or
damage that may arise from your use of them.

9. Suspension and termination

9.1 If you breach any of these Terms, we may immediately do any or all of the following (without
limitation):
9.1.1 issue a warning to you;

9.1.2 temporarily or permanently remove any User Generated Content
uploaded by you to the Websites or Nandos App;

9.1.3 temporarily or permanently withdraw your right to use the Websites and/or Nandos App;

9.1.4 suspend or terminate your Account;

9.1.5 issue legal proceedings against you for reimbursement of all costs
resulting from the breach (including, but not limited to, reasonable administrative and
legal costs);

9.1.6 take further legal action against you; and/or

9.1.7 disclose such information to law enforcement authorities as we
reasonably feel is necessary to do so.
 

10. Changes to these Terms

10.1 We may make changes to these Terms from time to time (if, for example, there is a change in
the law that means we need to change these Terms). Please check these Terms regularly to ensure
that you understand the Terms that apply at the time that you access and use the Websites or
Nandos App.

11. Other important information

11.1 Each of the clauses of these Terms operates separately. If any court or relevant
authority decides that any of them are unlawful or unenforceable, the remaining clauses will
remain in full force and effect.
11.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do
not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived
our rights against you and will not mean that you do not have to comply with those obligations. If we do
waive a default
by you, we will only do so in writing, and that will not mean that we will automatically waive any later
default by you.


12. Governing law and jurisdiction

12.1 These Terms are governed by the laws of Mauritius. This means that your access to and use
of the Websites and Nandos App, and any dispute or claim arising out of or in connection therewith
(including non-contractual disputes or claims), will be governed by Mauritius law.

13. Contacting us

13.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue
and avoid any re-occurrence in the future. You can always contact us using the following details:
13.1.1 Address: Nando’s Customer Experience, Room 105B, Moka Business Center,  Montagne Ory Road, Moka
13.1.2 Telephone number: +230 4600390
13.1.3 Email address: [email protected]

Part 1a: Additional Nandos App Terms

1.1 The following terms and conditions shall apply to your use of the
Nandos App in addition to those set out in Part 1.

1.2 For the purpose of these terms, "Appstore Provider" means the provider of the app store
through which you have downloaded the Nandos App (for example, Apple is the Appstore
Provider if you have downloaded the Nandos App from the Apple App Store, Google is the
Appstore Provider if you have downloaded the Nandos App from Google Play, etc).
1.3 You acknowledge and agree that the Terms have been concluded between you and us, and
not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not
responsible for the Nandos App and its content.
1.4 You acknowledge and agree that the Appstore Provider has no obligation to provide any
maintenance or support in respect of the Nandos App. Should you have any problems in using
the Nandos App, please contact us at [email protected] or calling +230 460 0390
1.5 In the event that the Nandos App does not conform with any product warranty provided
for by the Terms, the Appstore Provider may provide you with a refund of the price that you paid to
purchase the Nandos App (if any). The Appstore Provider shall, to the maximum extent permitted by
law, have no obligation to you whatsoever with respect to the Nandos App.
1.6 You acknowledge and agree that the Appstore Provider shall not be responsible for
addressing any claims that you might have relating to the Nandos App, including (without
limitation): product liability claims; any claim that the Nandos App fail to conform to any
applicable legal or regulatory requirement; and claims arising under consumer protection or
similar legislation.
1.7 In the event that a third party claims that the Nandos App infringes its intellectual property
rights, we (and not the Appstore Provider) shall be solely responsible for the investigation,
defence, settlement and discharge of such claim.
1.8 You warrant and represent 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.
1.9 If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries
are third party beneficiaries to the Terms. Upon your acceptance of the Terms, Apple will have the
right to enforce the Terms against you as a third party beneficiary.


Part 2: Online Ordering Terms and Conditions


This page tells you the terms of use (the "Terms") on which you may order the products (each an
"Order") available on the Order Website ("Products").
When certain words and phrases are used in these Terms, they have specific meanings (these are
known as "defined terms"). You can identify these defined terms because they start with capital
letters (even if they are not at the start of a sentence). Where a defined term is used, it has the
meaning given to it in the section of these Terms where it was defined (you can find these meanings
by looking at the sentence where the defined term is included in brackets and speech marks).
In these Terms, when we refer to "we", & "us" or "our", we mean the Company; and when we refer
to & "you" or & "your" we mean you, the person accessing or using the Websites or Nandos App.

1. Information about us

1.1 Kilmun Holdings Limited (Nando’s Mauritius) is a company registered in Mauritius
under business registration number C08077914 with its registered office at Room 105B,
Moka Business Centre, Montgane Ory Road, Moka, and with VAT number 20432621 (the
"Company").
1.2 The Company operates the following websites in the Mauritius:
• nandos.mu (the "Nandos Website"); and
• swimnandosmauritius.com (the "Swim Website"), each a "Website" and together the "Websites".
1.3 The Company also operates the Nandos App (the
"Nandos").

2. Ordering Products

2.1 You may order Products online directly from us via the Order Website if you wish to collect
your Products in-restaurant (“Collection Orders”) or for home delivery by us (“Delivery
Orders”) depending on which restaurant you choose.
2.2 You may also order Products by phone for collection in-restaurant. In this case, please call
the relevant restaurant telephone number available on the
Nando’s Website and follow the instructions of the operator. You will be required to pay for such
order when you collect your Products from the relevant restaurant.
2.4 You must be at least 18 years old to place an order online.
2.5 In order to submit a Collection Order via the Order Website or a Delivery Order via the Order
Website you must first register an account (the "Account")
and then follow the procedure set out on the Order Website to submit your Order. You should check
all the information that you enter and correct any errors before submitting your Order, as once your
Order is submitted, we will begin processing it immediately and you may not be able to correct
any errors.
2.6 Your Order constitutes an offer to us. We will confirm our acceptance of your Order by
sending you an SMS confirming the information you included in your Order (the "Confirmation
SMS"). These Terms and the Order will become legally binding on you and us when we send you the
Confirmation SMS and each Order shall incorporate these Online Terms and shall be a new and
separate contract between you and us. The contract shall be in the English language. We will not file a
copy of the contract.

3. Collection

3.1 Your collection time will be set out during the Order process.
3.2 If you do not collect your Order within forty-five (45) minutes of your collection time,
your Products will be disposed of and you will not receive a refund.

4. Delivery

4.1 Please note that all delivery times are estimates and the actual delivery time may vary from
this estimate. You should also be aware that if you change your delivery address following
submission of an Order this may lead to a significant delay in your delivery time.
4.2 If, during delivery of an Order, you or your authorised representative as specified in
your Order (as appropriate) fail to take delivery of the Products within twenty (20) minutes
of our delivery driver's arrival (other than due to our material breach of these Terms):

4.2.1 the delivery shall be aborted; and
4.2.2 you will not receive a refund for your Order.
4.3 You shall be responsible for:

4.3.1 ensuring that we and/or our contractors have such access and parking facilities as
may be reasonably required to carry out the Order;
4.3.2 ensuring that either you or your authorised representative (as specified in the Order)
are present to take delivery of the Products at the delivery place specified in your Order; and
4.3.3 providing us with your up-to-date contact details in your Account and/or Order.
4.4 If your payment is not authorised, your Delivery Order will not be sent through to the
restaurant or fulfilled.
 

5. Payment

5.1 The prices for the Products and (if applicable) for delivery are set out on the Order Website
and are inclusive of VAT.

5.2 A takeaway packaging charge of 3% of the order value is levied on all Collect and Delivery
orders.

5.3 Delivery charges also apply depending on the customer address distance from the
restaurant fulfilling the order.

5.4 It is always possible that, despite our best efforts, some of the Products may be incorrectly
priced. We will normally check prices before accepting your Order so that, where a Product's
correct price at the time of your Order is less than our
stated price at that time, we will charge the lower amount. If the
Product's correct price at the time of your Order is higher than the price
stated to you, we will contact you for your instructions before we accept your Order. If we accept
and process your Order where a pricing error is obvious and unmistakable and could reasonably have been
recognised by you as a mispricing, we may end the contract and refund you any sums you have
paid.


5.5 If your payment is not authorised, your Order will not be sent through to the restaurant or
fulfilled.

5.6 Discounts or vouchers are currently not available when ordering on the Order
Website.
 

6. Cancellation and refunds

6.1 Please note that you do not have a right to cancel any contract for Products without our
written consent.

6.2 However, you may request that your Order is cancelled or changed after it has been
submitted, but this will only be possible before the applicable restaurant has received the
Order. This can be done by contacting the
restaurant by telephone (see below for details). No refund will be permissible if the attempt to
cancel is made after the restaurant has started to prepare the Order.
6.3 If you cancel or change your Order, your original payment will still be processed. Where
you are eligible for a refund, you can obtain this by contacting our Customer Experience Team (see
below for details).

7. Other refunds

7.1 You have legal rights in relation to Products that are not as described, faulty or otherwise not
fit for purpose. If you believe that any Products that you have ordered do not conform with these
Terms, please contact our Customer Experience Team to discuss a replacement or refund.
7.2 If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the
Products in a particular Order, we will refund the value of the
Product(s) that we were unable to fulfil and, if the full Order is cancelled, any delivery charges. You
may obtain a refund by contacting our Customer Experience Team (see below for details).

8. Our liability

8.1 Nothing in these Terms excludes or limits our liability for:
8.1.1 death or personal injury caused by our proven negligence;
8.1.2 proven fraud or fraudulent misrepresentation; and
8.1.3 any matter in respect of which it would be unlawful for us to exclude or
restrict our liability.

8.2 Subject to clauses 9.1 and 9.3 our maximum liability to you, in respect of any particular Oder,
will be limited to the value of that Order (which includes any delivery charges) as set out in the
invoice which can be requested, and will be emailed to you, after completing an order or for
past orders.
8.3 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is
foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and
us at the time of the conclusion of the contract for Products.
8.4 We only supply the Products for domestic and private use. You agree not to use the
Products for any commercial or business purposes and we have no liability to you for any loss of
profit, loss of business, business interruption, or loss of business opportunity.
8.5 Nothing in these Terms affects your statutory rights.


9. Suspension and termination

9.1 If you breach any of these Terms, we may immediately do any or all of the following (without
limitation):
9.1.1 issue a warning to you;

9.1.2 temporarily or permanently withdraw your right to use the Websites
and/or Nandos App;

9.1.3 suspend or terminate your Account;

9.1.4 issue legal proceedings against you for reimbursement of all costs
resulting from the breach (including, but not limited to, reasonable administrative and
legal costs);

and third-party cookies are used.

• Advertising – the Company uses these cookies to collect
information about your visit to our website, the content you viewed,
the links you followed and reasonably feel is necessary to do so.

10. Changes to these Terms

10.1 We may make changes to these Terms from time to time (if, for example, there is a change in the
law that means we need to change these Terms) but the Terms applicable at the time of your Order
will apply to that Order. Please check these Terms regularly to ensure that you understand the
Terms that apply at the time that you order the Products.


11. Other important information

11.1 Each of the clauses of these Terms operates separately. If any court or relevant
authority decides that any of them are unlawful or unenforceable, the remaining clauses will
remain in full force and effect.
11.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do
not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived
our rights against you and will not mean that you do not have to comply with those obligations. If we do
waive a default
by you, we will only do so in writing, and that will not mean that we will automatically waive any later
default by you.

12. Governing law and jurisdiction

12.1 These Terms are governed by the laws of Mauritius. This means that your purchasing of
Products and any dispute or claim arising out of or in connection therewith (including non-
contractual disputes or claims), will be governed by Mauritian law.
12.3 As a consumer, you will benefit from any mandatory provisions of the law of the country in
which you are resident. Nothing in these Terms, including clause 13.1, affects your rights as a
consumer to rely on such mandatory provisions of local law.


13. Contacting us

13.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue
and avoid any re-occurrence in the future. You can always contact us using the following details:
13.1.1 Address: Nando’s Customer Service, Room 105B, Moka Business Centre, Montagne Ory Road, Moka
13.1.2 Telephone number: +230 4600390
13.1.3 Email address: [email protected]

13.2 If you need to contact us in relation to an Online Order, please use the contact details
for the applicable participating Nando's restaurant.