PLEASE READ THESE LICENCE TERMS CAREFULLY
You should particularly direct your attention to paragraph 14 of these terms, which sets out our entire liability to you.
1. Who we are and what this agreement does
We Nando’s Chickenland Limited of St Marys House, 42 Vicarage Crescent, London, SW11 3LD license you to access and use the Nandoca Mobile App, the data supplied with it, and any updates or supplements to it (App) as well as the services you connect to via the App and the content we provide to you through it (Services).
You may download the app for your own personal purposes or as an employee of Nando’s, whether as a Nandoca, a Manager, as part of the Nando’s Central Support team or otherwise. You acknowledge that the level of functionality to which you will have access depends on the capacity in which you download the App, and we reserve the right to vary such available functionality as and when we see fit.
From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
You must be 16 or over to accept these terms and install the App.
2. Your Privacy
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others.
iOS App Store and Google Play Store’s Terms Also Apply
The ways in which you can use the App may also be controlled by the rules and policies of iOS App Store (http://www.apple.com/legal/internet-services/itunes/uk/terms.html) and Google Play Store (https://play.google.com/intl/en_uk/about/play-terms.html), which will apply in priority to these terms in the event of any inconsistency between the two.
3. Operating System Requirements
This app requires an Apple iPhone running iOS 9.3.5 or higher or an Android phone running Android 5.0 or higher. Any mobile or data charges which you incur as a result of using the App or Services are your responsibility.
4. Support for the App and How to Tell Us About Problems
If you want to learn more about the App or the Service or have any problems using them please take a look at the support material which you can access through the App or via https://nandocaapp.com/.
If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please contact us via the App or email our customer service team at email@example.com.
5. How You May Use the App, Including How Many Devices You May Use It On
In return for your agreeing to comply with these terms you may:
install or stream a copy of the App onto your mobile phone or tablet device and view, use and display the App and the Service on such devices for your personal purposes or as a Nando’s employee; and
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
6. You May Not Transfer the App to Someone Else
We are giving you personally the right to use the App and the Service. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell or give away any device on which the App is installed, you must remove the App from it.
7. Changes to These Terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of a change when you next start the App.
If you do not accept the notified changes you may not be permitted to continue to use the App and the Service.
8. If Someone Else Owns the Phone or Device You Are Using
If you install or stream the App onto or from any phone, tablet or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
9. We May Collect Technical and Location Data About Your Device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
Certain Services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device, however if you do so you may not be able to access certain Services. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
We track actions you take when using the App, which includes using some location data. If you do not wish us to carry out such tracking then you should remove or not install the App.
10. We Are Not Responsible for Other Websites You Link To
The App or any Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked or approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
11. Licence Restrictions
You agree that you will:
- not create more than one account for yourself and will not create another account if we have disabled your account, unless you have our express written permission to do so;
- not share your account with any third party and, if you become aware of the fact that a third party has accessed the App using your account, you will promptly inform us;
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not
- necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
12. Acceptable Use Restrictions
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
- not transmit or upload any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not post any content to the App or Services which you know is inaccurate or misleading; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
We reserve the right to remove any content which you upload or post using the App if we reasonably believe that such content contravenes any of the restrictions set out in these terms.
13. Intellectual Property Rights and Uploading of Content
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
You may take and upload photographs or video content (Content) to the App or write content for the App. If you do so in the course of your employment by us or any member of our group then all copyright and intellectual property rights in such content will be owned by us absolutely.
If you take or upload Content to the App outside the course of your employment then you will retain ownership of all copyright and intellectual property rights in such Content. You will grant to us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable licence to host, copy, store, display, publish, reproduce, modify, edit, distribute and use in any other manner that Content for any purpose we see fit. Where you appear in any such Content, the licence set out in this paragraph includes a licence to us to use your name, likeness and voice.
We reserve the right to remove any Content which you upload to the App for any reason. However we do not review all Content that is uploaded by users of the App and so we do not take responsibility for any Content which is uploaded to the App by you or by other users.
If you believe that any Content has been uploaded by a user which infringes your intellectual property rights then you should contact use through the App or by email at firstname.lastname@example.org.
14. IMPORTANT: Our Responsibility for Loss or Damage Suffered By You
The App and Services are provided ‘as is’. To the extent permitted by law, the App and Services are provided without any warranties, either express or implied, other than as set out in these terms. We do not warrant that the App or Services will always be secure, available or error-free or that any content you receive through the App or Services will be timely or accurate, including any content relating to work rotas, jobs postings or offers.
We are not liable for content uploaded by others. We are not liable for any content that you, another user, or a third party upload or post to the App or Services, including any information about work rotas, jobs postings or offers.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use and your use as a Nando’s employee. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will not be liable for delays caused by the event.
15. We May End Your Rights to Use the App and the Services If You Break These Terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
If you have any issues or problems with the App or Services, you should contact us in the first instance via the App or email our customer service team at email@example.com.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products or Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products or Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products or Services in either the Northern Irish or the English courts. If you live outside of England, Scotland or Northern Ireland, you can bring legal proceedings in respect of the products or Services in the English courts.