Terms of service, How was it 4 you?
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HOW WAS IT 4 YOU? TERMS AND CONDITIONS
These rules (“the Rules”) apply to your entry into and participation in the Nando’s How was it 4 you? Survey (“the Survey”). By participating in the Survey and/or accepting any Reward, you agree that you have read, understood and agreed to be bound by these Rules.
The Survey is promoted by Bin Mirza International (Nando’s Oman).Reference to “Nando’s/we/us” is a reference to Nando’s Oman (including all of its Nando’s franchisees). Reference to “you/your “is a reference to any participant in the Competition.
1.1. In order to be eligible to partake in the Survey, you must:
1.1.1. be a natural person;
1.1.2. possess a valid Resident Identification Card
1.1.3. have a valid e-mail address; Valid Mobile Number; and be a resident of Oman.
1.1.4. have made an “Eligible Visit” by purchasing a meal at a participating Nando’s Restaurant
1.1.5. be in possession of your till slip which contains the unique code that will allow you to participate in the Survey.
1.2. The following persons are not eligible for entry into the Survey:
1.2.1. any supplier of goods or services in connection with the Survey, including but not limited to any supplier of goods or services to Nando’s;
1.2.2. franchisees, employees, directors, members, partners, agents, advisors, contractors and consultants of Nando’s or any advertising agent of Nando’s;
1.2.3. any person who directly or indirectly controls or is controlled by any company within in the Nando’s group of companies, any Nando’s franchisee or any advertising agent of Nando’s; and
1.2.4. any spouse, life partner or member of the immediate family of any of the persons contemplated in clauses1.2.1to 1.2.3.
1.3. Without limiting the application of any of the above eligibility requirements, you acknowledge and agree that your entry into and participation in the Survey shall be subject to compliance with any laws applicable in Oman.
2. How to enter
2.1. You can enter the Survey by purchasing a meal at any participating Nando’s Restaurant and use the unique code on the front of your till slip to partake in the Survey via www.howwasit4you.net. By completing the customer survey in its entirety you will receive a promotional code via e-mail which will entitle you entry into the random draw described in clause 3 below (“the Reward”).
2.2. Participation in the Survey opens at 00:01 on 01/01/16 and close at 23:59 on 01/01/17. Rewards must be redeemed at any participating Nando’s Restaurant within 14 days of being notified.
2.3. Entries not completed in accordance with these Rules or not in compliance with the eligibility criteria of the Survey will be invalid and will not be qualify for the Reward.
2.4. You may enter the Survey as many times as you wish.
2.5. Every effort is made to keep the How was it 4 you? Website up and running smoothly, however Nando’s is not liable for any technical failures or temporary unavailability that may affect participation in the Survey.
2.6. There are no charges or fees payable for participation in the Survey. Please note, however, that access to www.howwasit4you.net and the website may incur data charges. Your use of this website is at your own cost.
2.7. By entering the Competition:
2.7.1. you agree that, if you qualify for the Reward, Nando’s may use your name and/or image in Nando’s marketing material, and/or on selected Nando’s social media channels, and may require you to participate in certain marketing activities relating to the Survey. You may withdraw this consent, or refuse to participate in such marketing activities, at any time by sending a written notice to www.howwasit4you.net once deemed qualified for the Reward.
3.1.1. The Reward for participation in the Survey:
126.96.36.199. you will receive a promotional code on the front of your till slip when buy a Nando’s meal;
188.8.131.52. you must then utilise the promotional code to complete the survey that is available on www.howwasit4you.net in its entirety;
184.108.40.206. Upon completion of the survey you will automatically be entered into a random draw that will take place monthly, as from January 2016, on the first week of the following month, until discontinuation of the Survey.
220.127.116.11. The monthly winner will be notified via phone call by Nando’s Oman customer service representative within 5 days of the draw having taken place;
18.104.22.168. The winner has an obligation to claim his/her Reward within 14 days upon receiving notification of receiving the Reward. Should the winner fail to do so, Nando’s will draw a new winner in its stead.
22.214.171.124. The monthly winner and 10 of his/her friends will be entitled to a fully paid meal worth OMR50 at participating Nando’s restaurant in Al Qurum, Muscat City Centre, Oman Avenues Mall and soon to open in AL Mouj and Salalah.. T&C apply (the Reward”).
126.96.36.199. You have to redeem the Reward within 3 months of claiming the Reward.
3.1.2. The Reward is not transferable or redeemable for cash and cannot be used in conjunction with other promotions
3.1.3. The Reward may be subject to further terms and conditions reasonably imposed by Nando’ have and communicated to winners.
3.1.4. Redemption of Rewards/Meals could be claimed by calling in ahead to any Nando’s Oman restaurants one day prior to visit.
4. Personal Information
4.1. By participating in the Survey, you acknowledge and agree that Nando’s Oman may collect and use your personal information in order to process your participation in the Survey, your receipt of the Reward, to communicate with you about important information regarding any changes to the Reward rule, as contemplated in these Rules, as well for statistical and record-keeping purposes, carry out market research and analysis including satisfaction surveys as well as resolved complaints and handle request for data access or correction. This personal information may be collected directly from the Customer Survey, and includes but is not limited to your full name, email address, cellphone number, and image. Nando’s will use only the minimum information necessary to fulfil these purposes and will retain the information only for as long as is necessary.
4.2. Personal information processed by Nando’s in terms of this clause 4 will be stored on an international database. By entering the Competition, you authorise Nando’s to store your personal information as such.
4.3. Nando’s Oman respects your privacy and undertakes not to share, sell, rent or lease your personal information with or to third parties. Nando’s Oman may disclose information if required to do so by law to respond to governmental authorities and third party involved in court action or if it is required to protect the safety, privacy rights or property of Nando’s Oman, its customers or the public.
4.4. Although Nando’s cannot guarantee the security of your information in the course of its transmission, it will take all appropriate, reasonable technical and organisational measures to ensure the security, integrity and confidentiality of personal information collected and stored by it in terms of this clause 4.
5. Limitation of liability
5.1. You participate in this Survey, and accept and participate in any Reward, out of your own free will and at your own risk. In no event will we be liable for any loss or damage of whatsoever nature, including without limitation any indirect or consequential loss or damage, arising out of or in connection with your participation in this Survey. To the fullest extent allowed by law, you hereby indemnify Nando’s, its holding companies, subsidiaries of its holding companies, licensors, associated companies, affiliates, subsidiaries, directors, employees and agents (the “Indemnified Parties”) against any loss, claim or damage, costs and expenses (including legal costs on an attorney and own client scale) which may be suffered by you or any third party arising in any way from your participation in the Survey, including without limitation any such loss, claim or damages that arise directly or indirectly from:
5.1.1. any breach of the Rules; and/or
5.1.2. your acceptance of the Reward; and/or
and including, as a result of any act or omission, whether as a result of negligence, misrepresentation, misconduct or otherwise on the part of the Indemnified Parties.
5.2. The Indemnified Parties will not be liable for any entry that has been omitted from participation in the Survey for any reason whatsoever.
5.3. The Indemnified Parties also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, browsing in www.howwasit4you.net.
6.1. Nothing in these terms and conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid either your or Nando’s’ rights or obligations in terms of any applicable law.
6.2. Save for as provided for in any applicable law or as otherwise contemplated in these Rules, all of Nando's obligations to any recipient in regard to the Survey shall terminate upon redemption of the Reward.
6.3. In the event of a dispute in regard to any aspect of the Survey and/or the interpretation of these Rules, Nando’s decision will be final and binding and no correspondence will be entered into. You cannot appeal any decision relating to this Survey.
6.4. Nando’s may in its sole discretion amend these Rules at any time. Such amendment shall be deemed to have taken effect from the date of publication of the revised Rules on the How was it 4 you? Website.
6.5. Nando’s reserves the right to cancel, suspend or terminate, or alter any aspect of, this Survey at any time. Nando’s shall not be liable to you or any third party as a result, and you waive any rights that you may have against Nando’s as a result of any such cancellation, suspension, termination or alteration.
6.6. No relaxation or indulgence granted by Nando’s, or failure to enforce any of its rights, shall amount to a waiver or abandonment of such rights under and in terms of these Rules, nor preclude Nando’s from exercising its rights in the future.
6.7. Should any provision of these Rules be held to be illegal, invalid or unenforceable for any reason, such provision shall be severed from the Rules without affecting, impairing or invalidating the remaining provisions, which shall to the fullest extent possible continue to be of full force and effect.
6.8. The Survey and these Rules are governed by the law of Oman.
A copy of these Rules can be obtained by calling Nando’s Customer Services on +968 24705557 during office hours through the period of the Survey. Please direct any other queries to +968 24705557 or email at email@example.com.
What do these terms and conditions regulate?
1.1 This site [www.nandosoman.com] ("Website") is made available by Nando’s Oman ("Nando's", "we", our" or "us"). Any reference to "Nando's", "we", "our" or "us" includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.2 These terms and conditions (the "Terms") apply to any person who uses, accesses, refers to, views and/or downloads the information made available by us on the Website for whatever purpose ("Content") (hereinafter referred to as "users", "you" or "your"). The display of Content and your ability to view, access, use, and/or download the Content on the Website shall be referred to as the "Services".
1.3 You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Website and the Services. You must, at all times, provide your own hardware, software as well as a modem and internet connectivity and telecommunications infrastructure.
Your agreement to these Terms
2.5 You may print a copy of these Terms. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms, you should contact our support team by sending us an email to [http://www.nandosoman.com/contact].
Accessing and the use of the Services
3.1 The Website and the Services available through the Website may contain links to other third party websites, including (without limitation) social media platforms ("Third Party Websites"). If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.
3.2 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if we are of the view that such Content infringes on another's intellectual property rights or our own.
3.3 Hyperlinks provided on this Website to non-Nando's sites, are provided "as is" and Nando's does not necessarily agree with, edit or sponsor the content on such websites. No person, business or website may frame this Website or any of the pages on this Website in any way whatsoever.
4.1 Nando’s Oman offers a loyalty programs which is valid in Oman only. Our terms include a maximum of 3 cards per table can be redeemed for points. Vegeterians will be offered a sutialbe alternative. Loyalty is not valid in conjunction with any other offer. No cash alternative available and the loyalty chillies (points) are not for resale and only valid in Oman. Cards are not transferrable and Nando's reserves the right to change the terms and conditions at anytime.
Ordering Online (where applicable)
5.1 Provided that you are ordering goods in a country in which Nando's offers an online ordering service, you can order certain Nando's goods online subject to the Online Terms and Conditions accessible via the Website.
5.2 You can check if you can order goods online in your country by visiting our Website.
Accuracy of Information
6.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the Content available on the Website, the Content is intended and produced for general information purposes only, and to the extent allowed by law, should not be relied upon by you as specific advice of any kind.
6.2 You understand and agree that the information, details and descriptions set out on this Website, including the details regarding the prices, menus, products, services, and available careers, may change from time to time. This Website may therefore not always contain the correct or most up-to-date information, details and descriptions relating to our Services. You are advised to contact us at [http://www.nandosoman.com/contact] before using or relying on the information on the Website.
6.3 You acknowledge that any nutritional advice on the Website is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature whatsoever.
Your behaviour when using the Website and the Services
7.1 You may not use the Website to obtain or distribute:
7.1.1 copyrighted material or material protected by law without our prior written consent; or
7.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
7.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services.
7.3 You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
7.4 You shall not intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.
7.5 Subject to the further provisions of these Terms, the Website and the Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website or the Content.
7.6 Subject to the further provisions of these Terms, you are not allowed to: (i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use. On notice by Nando's, you agree to stop any activity which Nando's does not consider, in its sole and absolute discretion, to constitute fair use.
7.7 You are permitted to create a hyperlink to the Website so long as the link does not portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. You also agree to ensure that any hyperlink to the Website is clearly visible.
7.8 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
7.9 In addition, you shall not and shall not allow a third party to:
7.9.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content ("the Software") or any files contained in or generated by the Software by any means whatsoever;
7.9.2 remove any product identification, copyright or other notices, from the Software or documentation;
7.9.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice's hardware; or
7.9.4 disseminate performance information or analysis of the Software from any source relating to the Software.
Intellectual Property Rights
8.1 We reserve all rights (including all intellectual property rights) not expressly granted herein to the Website and the Content we make available on or via the Website.
8.2 You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
8.3 You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein. All moral rights of Nando's and its employees/agents are reserved.
8.4 Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
8.5 You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
Collection of Personal Information
10.1 As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
10.1.1 your use of and access to the Website and/or the Services;
10.1.2 your violation of any term of these Terms;
10.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
10.1.4 any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
Limitation of Liability
11.1 Subject to clause 11.2 below, neither us nor any of our agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from your use of or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
11.2 No provision of these Terms (or any contract governed by these Terms):
11.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and
11.2.2 requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
Exclusion of Warranties and Representations
12.1 While the goods and Services sold via the Website may be subject to the additional payment terms and conditions accessible via the Website, to the extent allowed by law, the Website and the Content are supplied on an "as is" basis and have not been compiled or supplied to meet your individual requirements. It is your responsibility to satisfy yourself prior to entering into this agreement with us that the Services available from and through the Website will meet your individual requirements and be compatible with your hardware and/or software.
12.2 As far as the law allows, the Website and the Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Content.
13.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
Successors and Assigns
14.1 These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
Violation of Terms
16.1 By using the Website and/or the Services, you agree that all agreements, notices, disclosures and other communications sent by you or Nando's satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing". For the purposes of this clause, a "data message" means data generated, sent, received or stored by electronic means.
16.2 You agree specifically that:
16.2.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website and/or Services;
16.2.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms;
16.2.3 your use of the Website and/or the Services is sufficient evidence of your agreement to these Terms;
16.2.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within [Mauritius];
16.2.5 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
16.2.6 subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who has authority to act on our behalf in respect of that data message.
Interpretation and Miscellaneous Provisions
17.1 These Terms and the relationship between us shall be governed and construed in accordance with [Oman] law. Any disputes arising in connection with these Terms and our Services shall be subject to the exclusive jurisdiction of the [Mauritius] courts. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
17.2 The termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
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