Terms of Service

Please read these Terms of Service carefully before using the website located at guzmanssgomez.com or any related services provided by Guzman y Gomez. By accessing or using our website, ordering food, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not access or use our services.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Guzman y Gomez ("Company," "we," "our," or "us"), the operator of the website guzmanssgomez.com (the "Website") and related food service operations.

By accessing the Website, placing a food order, creating an account, using any digital service we provide, or by clicking any button that indicates acceptance of these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference herein.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use our services in any manner. If you are using our services on behalf of an organisation or business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such cases, "you" shall refer to that entity.

You must be at least eighteen (18) years of age, or if you are under eighteen (18) years of age, you must have the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. We reserve the right to request proof of age at any time.

2. About Guzman y Gomez

Guzman y Gomez is an Australian food service company specialising in Mexican-inspired cuisine. Our services include dine-in restaurant experiences, takeaway food orders, drive-through services, online food ordering, delivery services (operated directly or through third-party delivery partners), catering services, loyalty and rewards programmes, and any other food-related services we may offer from time to time.

You may contact us using the following details:

3. Description of Services

Guzman y Gomez provides the following services through its Website and physical restaurant locations:

3.1 Online Ordering Services

Our Website enables customers to browse our menu, place food and beverage orders for pickup, dine-in, or delivery, and process payments electronically. Online ordering is subject to menu availability, operating hours, and location-based service areas.

3.2 Delivery Services

Delivery services may be fulfilled directly by Guzman y Gomez or via third-party food delivery platforms. Where delivery is managed by a third party, the terms and conditions of that third-party provider will also apply. We are not responsible for delays, errors, or issues arising from third-party delivery services once the order has been dispatched.

3.3 Loyalty and Rewards Programme

We may offer a loyalty rewards programme ("GYG Rewards" or similar) that allows customers to earn and redeem points on eligible purchases. The specific terms and conditions of any loyalty programme will be provided separately and are incorporated into these Terms where applicable.

3.4 Catering Services

We may offer catering services for corporate events, private functions, and group orders. Catering orders are subject to minimum order requirements, advance booking conditions, and specific terms agreed upon at the time of booking.

3.5 Digital Content and Communications

Our Website may provide access to promotional content, nutritional information, blog articles, and other digital content. We may also communicate with you via email, push notifications, or SMS in accordance with our Privacy Policy and applicable Australian privacy law.

4. User Obligations and Prohibited Activities

4.1 User Obligations

When using our Website and services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing an order;
• Maintain the confidentiality and security of your account credentials and notify us immediately of any unauthorised use;
• Use the Website and services only for lawful purposes and in compliance with all applicable Australian laws and regulations;
• Comply with any additional terms applicable to specific services, promotions, or programmes we offer;
• Ensure that any information you provide does not infringe the rights of any third party;
• Promptly update your account information if any details change;
• Use the Website in a manner consistent with good faith and not in a way that is harmful, offensive, or detrimental to other users or to Guzman y Gomez.

4.2 Prohibited Activities

You must not, under any circumstances:

• Use the Website or services for any unlawful, fraudulent, or deceptive purpose;
• Attempt to gain unauthorised access to any part of the Website, servers, or related networks;
• Introduce any virus, malware, ransomware, trojan horse, or other harmful code into our systems;
• Use automated tools such as bots, scrapers, crawlers, or similar technologies to access, extract, or index content from the Website without our prior written consent;
• Engage in any conduct that disrupts, interferes with, or damages the integrity or performance of the Website or our services;
• Copy, reproduce, republish, distribute, or exploit any content from the Website for commercial purposes without our express written permission;
• Impersonate any person or entity, or falsely represent your identity or affiliation with any person or entity;
• Harvest, collect, or store personal data of other users without their consent;
• Attempt to reverse-engineer, decompile, or disassemble any software or systems associated with the Website;
• Use our services to place fraudulent orders, submit false chargebacks, or engage in any form of payment fraud;
• Post or transmit any content that is defamatory, obscene, threatening, discriminatory, or otherwise objectionable;
• Violate any applicable laws, regulations, or industry codes, including without limitation the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and the Spam Act 2003 (Cth).

We reserve the right to investigate suspected violations of these obligations and to take any action we deem appropriate, including suspending or terminating your account, reporting conduct to relevant authorities, and pursuing legal remedies.

5. Intellectual Property Rights

5.1 Ownership

All intellectual property rights in and to the Website, including but not limited to its design, layout, graphics, text, logos, trade marks, service marks, trade names, images, audio-visual content, software, databases, and all other content (collectively, "IP Content"), are owned by or licensed to Guzman y Gomez. These rights are protected under Australian and international intellectual property laws, including the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), and related legislation.

5.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and its content solely for your personal, non-commercial use in accordance with these Terms. This licence does not include the right to:

• Reproduce, modify, create derivative works from, or distribute IP Content;
• Use IP Content for commercial exploitation;
• Remove or alter any copyright, trade mark, or proprietary notices;
• Sublicense or transfer the licence to any third party.

5.3 Trade Marks

The "Guzman y Gomez" name, logo, and all related brand assets are registered or unregistered trade marks of Guzman y Gomez. You must not use these trade marks in any manner that is likely to cause confusion, suggest endorsement or affiliation, or otherwise infringe our trade mark rights, without our prior written consent.

5.4 User-Generated Content

If you submit, post, or transmit any content through our Website (including but not limited to reviews, comments, photographs, or feedback), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, distribute, display, and adapt that content in connection with our business and marketing activities. You represent and warrant that you have all necessary rights to grant this licence and that the content does not infringe any third-party rights or violate any applicable law.

6. Payment Terms

6.1 Pricing

All prices displayed on the Website are in Australian Dollars (AUD) and include Goods and Services Tax (GST) unless otherwise stated. Prices are subject to change without notice, and the price applicable to your order will be the price displayed at the time you place your order.

6.2 Payment Methods

We accept payment via credit card, debit card, and any other payment methods indicated on the Website at the time of your order. By providing payment details, you represent and warrant that you are authorised to use the payment method and authorise us to charge the total amount payable.

6.3 Order Confirmation

An order is not confirmed until you receive an order confirmation from us. We reserve the right to refuse or cancel any order at our discretion, including where there is an error in the price or description, the product is unavailable, or we suspect fraudulent activity. Where an order is cancelled after payment has been processed, we will issue a full refund.

6.4 Refunds and Cancellations

Refund and cancellation policies are subject to Australian Consumer Law. Where a product or service is defective, not fit for purpose, or does not match its description, you may be entitled to a remedy under the Australian Consumer Law. To request a refund or raise a complaint, please contact us at [email protected]. We will assess each request on a case-by-case basis and respond within a reasonable timeframe.

6.5 Third-Party Payment Processors

We may use third-party payment processors to handle transactions. Your use of such payment services is subject to the terms and conditions of the relevant third-party processor. We are not responsible for errors or issues arising from third-party payment processing.

7. Disclaimers and "As-Is" Basis

7.1 General Disclaimer

To the maximum extent permitted by applicable law, the Website and all content, products, and services provided through it are offered on an "as is" and "as available" basis, without any warranty or representation of any kind, whether express, implied, or statutory.

7.2 No Warranty

We do not warrant that:

• The Website will be available at all times, uninterrupted, or free from errors;
• The Website will be free from viruses, malware, or other harmful components;
• The information on the Website is accurate, complete, current, or reliable;
• The results obtained from using the Website or services will meet your expectations.

7.3 Nutritional and Allergen Information

While we endeavour to provide accurate nutritional and allergen information on our Website and in-store, we cannot guarantee that this information is completely accurate or up to date at all times. Menu items and ingredients may change, and cross-contamination may occur in our kitchens. If you have a food allergy, food intolerance, or dietary requirement, you must inform our staff at the time of ordering and take responsibility for your own dietary choices. We strongly recommend speaking directly with staff before ordering if you have serious allergen concerns.

7.4 Third-Party Websites and Services

Our Website may contain links to third-party websites or services. These links are provided for convenience only and do not constitute an endorsement or recommendation. We have no control over the content or practices of third-party websites and accept no responsibility or liability for them.

8. Limitation of Liability

8.1 Exclusion of Consequential Loss

To the maximum extent permitted by applicable Australian law, Guzman y Gomez, its directors, officers, employees, agents, contractors, and licensors will not be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary loss or damage of any kind, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, loss of opportunity, or any other economic loss, arising out of or in connection with:

• Your use of or inability to use the Website or our services;
• Any errors, omissions, or inaccuracies in the content of the Website;
• Unauthorised access to or use of your account or personal data;
• Any interruption, suspension, or termination of the Website or services;
• Any conduct of third parties in connection with our services.

8.2 Cap on Liability

To the extent that our liability cannot be fully excluded under applicable law, our total cumulative liability to you for all claims arising out of or in connection with these Terms or the services, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total amount you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or one hundred Australian dollars (AUD $100.00), whichever is greater.

8.3 Consumer Guarantees Under Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any applicable consumer guarantee, warranty, condition, or right under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded or limited. Where our liability for breach of a consumer guarantee cannot be excluded, our liability is limited, to the extent permitted by law, to resupplying the relevant services or paying the cost of having the services resupplied.

9. Indemnification

You agree to indemnify, defend, and hold harmless Guzman y Gomez, its parent company, subsidiaries, affiliates, franchisees, directors, officers, employees, agents, and contractors (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, penalties, fines, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in connection with:

• Your access to or use of the Website or services;
• Your breach of any provision of these Terms;
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights and privacy rights;
• Any content you submit, post, or transmit through the Website;
• Any fraudulent, negligent, or wilful misconduct on your part;
• Any dispute between you and a third party arising in connection with our services.

We reserve the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defences. This indemnification obligation will survive the termination of these Terms and your use of the Website.

10. Privacy and Data Protection

Your privacy is important to us. The collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which is available on the Website and is incorporated into these Terms by reference. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) contained therein.

By using our services, you consent to the collection and use of your personal information as described in our Privacy Policy. If you have any questions or concerns about how we handle your personal information, please contact us at [email protected].

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia, and the applicable laws of the Commonwealth of Australia, including but not limited to:

• The Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law;
• The Privacy Act 1988 (Cth);
• The Electronic Transactions Act 1999 (Cth);
• The Copyright Act 1968 (Cth);
• The Trade Marks Act 1995 (Cth);
• The Spam Act 2003 (Cth).

Subject to the dispute resolution provisions below, you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and any courts of appeal therefrom, for the resolution of any dispute or claim arising in connection with these Terms or our services. You waive any objection to proceedings in such courts on the grounds of inconvenient forum or any similar grounds.

Nothing in this clause limits the rights of consumers under the Australian Consumer Law or any other non-excludable statutory right to bring proceedings in any other competent court.

12. Dispute Resolution

12.1 Good Faith Negotiation

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or our services ("Dispute"), the parties agree to first attempt to resolve the Dispute through good faith negotiation. You must notify us of the Dispute in writing by sending an email to [email protected], providing a clear description of the nature of the Dispute and the remedy you are seeking.

We will acknowledge your notice within ten (10) business days and will attempt to engage in good faith discussions to resolve the Dispute within thirty (30) days of receipt of your notice (or such longer period as agreed in writing between the parties).

12.2 Mediation

If the Dispute is not resolved through negotiation within the period specified above, either party may refer the Dispute to mediation administered by the Australian Disputes Centre (ADC) or another mutually agreed mediation provider. The mediation will be conducted in Sydney, New South Wales, unless otherwise agreed. The costs of mediation shall be shared equally between the parties unless otherwise ordered by the mediator.

12.3 Litigation

If the Dispute remains unresolved following mediation, either party may commence legal proceedings in the courts of New South Wales, Australia, in accordance with Clause 11 above.

12.4 Consumer Rights

Nothing in this Clause 12 limits your right to lodge a complaint with the Australian Competition and Consumer Commission (ACCC), a relevant state or territory consumer protection agency, or the Office of the Australian Information Commissioner (OAIC) in matters relating to privacy.

13. Account Registration and Termination

13.1 Account Registration

Certain features of our Website and services may require you to create an account. When registering, you agree to provide accurate and complete information and to keep this information updated. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your login credentials.

13.2 Termination by You

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to access any account-related services will cease, subject to any orders in progress and applicable consumer rights.

13.3 Termination by Us

We reserve the right to suspend or terminate your account and access to our services at any time, with or without notice, if we believe that you have breached any provision of these Terms, engaged in fraudulent or unlawful conduct, or acted in a manner harmful to Guzman y Gomez or other users. We may also suspend or terminate the Website or any part of our services for operational or commercial reasons upon reasonable notice where practicable.

13.4 Effect of Termination

Upon termination of your account or these Terms, all licences granted to you under these Terms will immediately cease. Provisions of these Terms that by their nature should survive termination (including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution) shall continue in full force and effect.

14. Changes to These Terms

We reserve the right to amend, update, or replace these Terms at any time at our sole discretion. Where we make material changes to these Terms, we will notify you by posting the updated Terms on the Website with a revised "Last Updated" date, and where appropriate, by sending you a notification via email or through the Website.

Your continued use of the Website or services following the posting of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Website and services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available at guzmanssgomez.com.

15. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect. Where possible, an invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, in a manner that best preserves the original intent of the parties.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other policies, guidelines, or terms expressly incorporated by reference, constitute the entire agreement between you and Guzman y Gomez with respect to your use of the Website and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the same subject matter.

No failure or delay on our part in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. A waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach.

17. Force Majeure

Guzman y Gomez shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, floods, fires, earthquakes, pandemics, epidemics, government actions, civil unrest, war, terrorism, strikes or labour disputes, power outages, internet service disruptions, or failures of third-party service providers. In such circumstances, we will endeavour to notify you as soon as reasonably practicable and to minimise any disruption to our services.

18. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, the Website, or our services, please do not hesitate to contact us using the details below:

We aim to respond to all enquiries within five (5) business days. For urgent matters relating to food safety or allergen concerns, please contact the relevant restaurant location directly or speak with a staff member in person.