Restaurant Wi-Fi Terms of Use
These terms (the "Terms") govern your use of the in-restaurant wireless internet service, where available (the “Service”). The Service is provided by the Company.
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 and using the Service.
1.1 Nando’s Chickenland Limited is a company registered in England and Wales under company number 02580031, with its registered office at St Marys House, 42 Vicarage Crescent, London, SW11 3LD, operating from Erico House, 93-99 Upper Richmond Road, London SW15 2TG and with VAT number GB 662 8275 13 (the "Company").
1.2 Acceptance of the Terms
1.3 By clicking on "I AGREE" on the Account sign-up page, you represent that:
1.3.1 You have read, understand and agree to the Terms; and
1.3.2 You are at least 18 years of age.
1.4 If you do not agree to the Terms, you may not use the Service. Your electronic acceptance of the Terms by clicking on the "I AGREE" on the sign-up page has the same effect as if you had actually signed the Terms. The effective date of these Terms is the date that you click on "I AGREE".
2.1 The Service provides you with 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 specific Wi-Fi equipment deployed at the Wi-Fi hotspot.
2.2 The Service is intended for the limited purposes of allowing access to the public Internet for e-mail, web browsing, download files via the ‘ftp’ protocol typically implemented in such web browser programs and for purposes otherwise consistent with the Terms. The Service is not intended for high-bandwidth applications such as streaming of video.
3.1 The unsecured nature and ease of connection to public Wi-Fi hotspots increases the risk that unauthorized persons can access your phone, laptop or other device or your communications over the Wi-Fi network. Wi-Fi customers should take precautions to lower the security risks. We encourage you to observe standard security practices. You should ensure that computer hard drives are not shared; that laptops have firewall protection; and that security software is installed, functional and updated on your device. We recommend that you avoid transmitting or accessing sensitive personal information over the Wi-Fi network, and that you only connect to known Wi-Fi hotspots.
4.1 We are not responsible for any impact to or interruption of business resulting from the use of the Service.
4.2 You agree not to use or attempt to use the Service for any fraudulent, unlawful, harassing, or abusive purpose or so as to damage or cause risk to us, our business, reputation, employees, other user's, equipment or any third person.
4.3 In case of improper uses, we may suspend or stop providing the Services to you if you do not comply with our Terms.
5.1 Please note that our premises are not covered by a TV Licence. You may only watch live TV or BBC programmes on iPlayer here on your own devices, if:
5.1.1 the device is powered by internal batteries and not plugged in; and
5.1.2 you have a current TV Licence at your home address.
5.2 It is a criminal offence for anyone on our premises to watch or record live TV programmes on any channel or device, or to download or watch BBC programmes on iPlayer, without being covered by a TV licence. If you break the law, you risk prosecution and a fine. The maximum penalty is a £1,000 fine plus any legal costs and/or compensation you may be ordered to pay by TV Licencing.
6.1 We have no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if we, in its sole discretion, believe that it is reasonable to do so, including to: satisfy laws, regulations or governmental or legal requests; operate the Service properly; or protect ourselves and our customers. Likewise, we may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
We reserve the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof, including but not limited to rates and charges) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
Without prior notice, the Company may terminate these Terms or your access to the Service for any reason, including, without limitation, if the Company, in its sole discretion, believes you have violated these Terms.
9.1 We do not control any materials, information, products, or services on the internet. The internet contains unedited materials, some of which are sexually explicit or may be offensive to you. We have no control over and accept no responsibility for such materials. You assume full responsibility and risk for use of the service and the internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products and other information, and the quality and merchantability of all merchandise provided through the service or the internet.
9.2 This Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be error-free, or free of viruses or other harmful components. We make no express warranties. You waive all implied warranties including, but not limited to, warranties of title, non infringement, merchantability, and fitness for a particular purpose regarding any merchandise, information or service provided through the Company or the internet. You expressly acknowledge that there are risks, and assumes all responsibility related to, the security, privacy and confidentiality risks inherent in wireless communications and technology. We do not make any assurances or warranties relating to such risks. No advice or information given by the Company or its representatives shall create a warranty. The Company and its employees are not liable for any costs or damages arising, either directly or indirectly, from your use of the Service or the internet, specifically including any indirect, incidental, exemplary, multiple, special, punitive or consequential damages.
9.3 Nothing in these Terms excludes or limits our liability for:
9.3.1 death or personal injury caused by our negligence;
9.3.2 fraud or fraudulent misrepresentation; and
9.3.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
9.4 We only supply the Service for domestic and private use. You agree not to use the Service 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.
9.5 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
10.1 If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
10.1.1 issue a warning to you;
10.1.2 suspend or terminate your access to the Service;
10.1.3 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
10.1.4 take further legal action against you; and/or
10.1.5 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
11.1 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 Service.
12.1 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.
12.2 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.
12.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
13.1 These Terms are governed by the laws of England and Wales. This means that your use of the Service and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
13.2 You can bring proceedings in respect of these Terms in the English courts. However, as a consumer, if you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts; if you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts; and if you live in the Republic of Ireland you can bring legal proceedings in respect of these Terms in either the Irish or the English courts.
13.3 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 14.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
14.1 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:
14.1.1 Address: Nando’s Customer Experience, Erico House, 93-99 Upper Richmond, London, SW15 2TG
14.1.2 Telephone number: 020 3974 2182
14.1.3 Email address: hello@nandos.co.uk