Terms of Service

Please read these Terms of Service carefully before using the Guzman y Gomez website, mobile application, or any related services. By accessing or using our platforms, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Guzman y Gomez ("Company," "we," "us," or "our"), governing your access to and use of the website located at guzimanygomez.com, any associated mobile applications, digital platforms, and all related services offered by Guzman y Gomez (collectively, the "Services").

By accessing or using our Services in any manner — including but not limited to browsing the website, placing an online order, creating an account, participating in loyalty programs, or interacting with any digital feature — you unconditionally accept and agree to be bound by these Terms, together with our Privacy Policy and any other policies or guidelines incorporated herein by reference.

If you do not agree to these Terms, in whole or in part, you must immediately cease accessing or using the Services. Your continued use of any Service constitutes your ongoing acceptance of these Terms as they may be amended from time to time in accordance with Section 12 of this document.

These Terms apply to all visitors, registered users, customers, and any other individuals who access or use the Services, regardless of the nature or extent of their interaction with the platform.

2. About Guzman y Gomez

Guzman y Gomez is an Australian food and restaurant business specialising in Mexican-inspired cuisine. We operate physical restaurant locations across Australia and provide digital ordering, delivery coordination, loyalty rewards, and related food service experiences through our digital platforms.

Our contact details are as follows:

3. Description of Services

Guzman y Gomez offers a range of food-related services through its digital and physical channels, including but not limited to:

3.1 Online Ordering

Users may place orders for food and beverages through our website or mobile application for pickup at a designated restaurant location or delivery to an eligible address. Online ordering is subject to product availability, restaurant operating hours, and applicable delivery zones. We reserve the right to refuse or cancel any order at our discretion, including in cases of suspected fraud, pricing errors, or unavailability of items.

3.2 Loyalty and Rewards Programs

We may offer a rewards or loyalty program that allows registered users to earn points or other benefits based on qualifying purchases. Participation in any loyalty program is subject to additional terms and conditions specific to that program, which are incorporated into these Terms by reference. Loyalty points, rewards, and benefits have no cash value, are non-transferable, and may expire or be forfeited in accordance with program-specific rules.

3.3 Restaurant Information and Menu Access

Our digital platforms provide users with access to restaurant locations, operating hours, menu descriptions, nutritional information, and promotional content. All such information is provided for general informational purposes and is subject to change without notice. We make no guarantee that menu items, prices, or promotions displayed on our digital platforms reflect the current availability at any specific restaurant location.

3.4 Promotions and Special Offers

From time to time, we may offer promotions, discounts, vouchers, or special offers through our digital platforms or via email and push notification communications. All promotions are subject to their own specific terms and conditions and may be withdrawn or modified at any time without prior notice.

3.5 Third-Party Delivery Services

Delivery services may be facilitated by or in partnership with third-party delivery providers. Where third-party services are involved, additional terms and conditions from those providers may apply. Guzman y Gomez is not responsible for the acts or omissions of third-party delivery partners.

4. User Accounts and Registration

Certain features of our Services may require you to create a registered account. By registering an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Keep your account password confidential and secure;
• Notify us immediately at [email protected] if you suspect any unauthorised access to or use of your account;
• Accept full responsibility for all activities that occur under your account, whether or not you have authorised such activities.

We reserve the right to suspend or terminate your account at any time and for any reason, including but not limited to a breach of these Terms, suspected fraudulent activity, or prolonged inactivity.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to create an account and use our Services. By using our Services, you represent and warrant that you meet this age requirement.

5. User Obligations and Prohibited Activities

As a condition of your access to and use of the Services, you agree to use the Services solely for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit the use and enjoyment of the Services by any third party.

5.1 General Obligations

You agree to:

• Comply with all applicable Australian federal, state, and territory laws, including but not limited to the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law (ACL), the Privacy Act 1988 (Cth), and any other relevant legislation;
• Use the Services only for their intended purpose and in good faith;
• Provide truthful and accurate information in all interactions with our Services;
• Respect the rights and dignity of other users and our staff.

5.2 Prohibited Activities

You must not, directly or indirectly:

• Use the Services for any unlawful, fraudulent, or deceptive purpose;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Submit false, inaccurate, or misleading information, including false orders or fraudulent payment details;
• Attempt to gain unauthorised access to any portion or feature of the Services, or any other systems or networks connected to the Services;
• Use automated tools, bots, scripts, scrapers, crawlers, or other automated means to access, collect, or extract data from the Services without our prior written consent;
• Introduce any virus, malware, ransomware, trojan, or other malicious or harmful code to the Services;
• Interfere with or disrupt the integrity, performance, or availability of the Services or any related infrastructure;
• Reproduce, modify, distribute, sell, license, or create derivative works based on any content from the Services without our express written authorisation;
• Use the Services to send unsolicited commercial communications (spam) to any person;
• Engage in any activity that would constitute a breach of consumer protection or fair trading laws;
• Abuse, harass, threaten, or intimidate any other user, customer, or employee of Guzman y Gomez;
• Attempt to reverse engineer, decompile, or disassemble any software or technology underlying the Services;
• Use any content from our Services for competitive intelligence or commercial purposes without authorisation.

Violation of these prohibitions may result in the immediate suspension or termination of your account and access to the Services, and may be referred to the relevant authorities where unlawful conduct is suspected.

6. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Services are the exclusive property of Guzman y Gomez or its licensors and are protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth).

6.1 Ownership

Unless otherwise expressly stated, all text, graphics, logos, images, photographs, icons, audio clips, video content, software, data compilations, user interface designs, and other materials on the Services ("Content") are owned by or licensed to Guzman y Gomez. All rights are reserved.

6.2 Trade Marks

The Guzman y Gomez name, logo, taglines, and all related product and service names, design marks, and slogans are trade marks or registered trade marks of Guzman y Gomez. You may not use any of our trade marks without our prior written consent. Nothing in these Terms grants you any right or licence to use our trade marks.

6.3 Limited Licence to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services and the Content for your personal, non-commercial purposes only. This licence does not include the right to:

• Copy, reproduce, or distribute Content for any commercial purpose;
• Modify or create derivative works from the Content;
• Publicly display or perform Content without our authorisation;
• Use data mining or similar data gathering and extraction tools on the Services.

6.4 User-Submitted Content

If you submit, upload, or post any content to the Services (including reviews, comments, or photos), you grant Guzman y Gomez a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, modify, adapt, publish, and display such content in connection with operating and promoting our Services. You represent and warrant that you own or have the necessary rights to grant this licence and that your submitted content does not infringe the rights of any third party.

7. Payment Terms

Where our Services involve a financial transaction, the following payment terms apply:

7.1 Pricing

All prices displayed on our digital platforms are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST) where applicable, in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Prices are subject to change at any time without prior notice. The price charged for your order will be the price confirmed at the time your order is placed.

7.2 Payment Methods

We accept various payment methods as displayed on our ordering platforms, which may include credit cards, debit cards, digital wallets, and other payment options. By submitting payment information, you represent and warrant that you are authorised to use the payment method provided and that the information you supply is accurate.

7.3 Order Confirmation

An order is not confirmed until you receive a written confirmation via email or in-app notification. We reserve the right to refuse or cancel any order at any time, including after an order confirmation has been issued, in circumstances including pricing errors, suspected fraud, or unavailability of items. In the event of a cancellation by us, you will receive a full refund of any amount paid.

7.4 Refunds and Returns

Our refund and return practices are governed by the Australian Consumer Law, which provides consumers with certain non-excludable guarantees regarding goods and services. If you have a concern about a product or service you have received, please contact us at [email protected]. Refunds will be processed in accordance with our Refund Policy and applicable law.

8. Disclaimers and "As-Is" Basis

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis, without any warranties or representations of any kind, whether express, implied, or statutory.

Guzman y Gomez does not warrant or represent that:

• The Services will be uninterrupted, error-free, or free from viruses or other harmful components;
• Any information, content, or material available through the Services is accurate, complete, current, or reliable;
• The Services will meet your particular requirements or expectations;
• Any defects in the Services will be corrected within any specified timeframe;
• The digital platforms will be compatible with all devices, browsers, or operating systems.

To the extent that any implied warranties or conditions cannot be excluded under the Australian Consumer Law or other applicable legislation, our liability for breach of any such implied warranty or condition is limited to the greatest extent permitted by law, including by re-supplying the relevant service or refunding the cost of re-supply.

Nutritional information, allergen details, and menu descriptions provided on our platforms are for general guidance only and may not be completely accurate for all locations or at all times. Users with food allergies or dietary requirements are strongly encouraged to contact us directly or speak with restaurant staff before ordering.

9. Limitation of Liability

To the maximum extent permitted by Australian law, including the Australian Consumer Law, Guzman y Gomez, its directors, officers, employees, agents, contractors, licensors, and affiliated entities shall not be liable to you or any third party for any:

• Indirect, incidental, special, consequential, punitive, or exemplary loss or damage;
• Loss of profits, revenue, business, or anticipated savings;
• Loss of data or information;
• Loss of goodwill or reputation;
• Business interruption;
• Any other economic loss;

arising out of or in connection with your access to or use of (or inability to access or use) the Services, even if we have been advised of the possibility of such loss or damage.

Where our liability cannot be excluded under the Australian Consumer Law, our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Services is limited to the greater of:

• The amount paid by you to Guzman y Gomez for the specific order or service giving rise to the claim in the three (3) months immediately preceding the date on which the claim arose; or
• AUD $100.00.

Nothing in these Terms is intended to limit or exclude any liability that cannot lawfully be limited or excluded under the Australian Consumer Law or any other applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Guzman y Gomez, its parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, agents, contractors, licensors, and successors from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to:

• Your access to or use of the Services;
• Your breach of these Terms or any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through the Services;
• Any fraudulent, negligent, or wilful misconduct by you;
• Any dispute or transaction between you and any third party arising in connection with the Services.

We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defence of such matter.

11. Privacy and Data Protection

Your privacy is important to us. Guzman y Gomez collects, uses, and discloses personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) contained in Schedule 1 of that Act. Our collection and handling of personal information is described in our Privacy Policy, which is available on our website and forms part of these Terms.

By using our Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy. If you do not agree to our privacy practices, please do not use our Services.

12. Changes to Terms

Guzman y Gomez reserves the right to amend, modify, update, or replace these Terms at any time in its sole discretion, without prior notice. Any changes will take effect upon posting of the revised Terms on our website at guzimanygomez.com, with the "Last Updated" date revised accordingly.

It is your responsibility to review these Terms regularly. Your continued use of the Services after any amendment to these Terms constitutes your acceptance of the revised Terms. If you do not agree to any amended Terms, you must immediately stop using the Services and, where applicable, close your account.

We may, but are not obligated to, notify you of material changes to these Terms via email or through a notice displayed on our website or application.

13. Term and Termination

13.1 Term

These Terms commence on the date you first access or use the Services and continue until terminated in accordance with this section.

13.2 Termination by You

You may terminate your agreement with us at any time by discontinuing your use of the Services and, where applicable, deleting your account. To request account deletion, please contact us at [email protected].

13.3 Termination by Us

We may suspend or terminate your access to all or part of the Services, with or without notice, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Suspected fraudulent, abusive, or unlawful activity;
• Requests by law enforcement or other government authorities;
• Discontinuation or material modification of the Services;
• Unexpected technical or security issues.

13.4 Effect of Termination

Upon termination, your right to access and use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall continue in full force and effect, including without limitation provisions relating to intellectual property, indemnification, disclaimers, limitation of liability, and governing law.

14. Governing Law and Jurisdiction

These Terms and any dispute, controversy, or claim arising out of or in connection with them (including any non-contractual disputes or claims) are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions.

You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and any courts competent to hear appeals therefrom, in respect of any dispute or claim arising out of or in connection with these Terms or the Services.

If you are a consumer, nothing in this clause affects your rights under applicable consumer protection legislation, including the Australian Consumer Law, to bring proceedings in the state or territory in which you ordinarily reside.

15. Dispute Resolution

15.1 Good Faith Negotiation

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Services ("Dispute"), you agree to first attempt to resolve the matter by contacting us directly at [email protected] and providing a written description of the Dispute, the relief sought, and your contact information. We will use reasonable endeavours to respond to your notice within fifteen (15) business days.

15.2 Mediation

If the Dispute cannot be resolved through good faith negotiation within thirty (30) days of your notice (or such longer period as may be agreed in writing), either party may refer the Dispute to mediation administered by the Australian Disputes Centre (ADC) in accordance with its Guidelines for Commercial Mediation. The costs of mediation shall be borne equally by the parties unless otherwise agreed.

15.3 Litigation

If the Dispute remains unresolved following mediation, either party may pursue the matter in the courts of New South Wales, Australia, in accordance with Section 14 of these Terms.

15.4 Consumer Rights

Nothing in this Section limits your right to make a complaint to the Australian Competition and Consumer Commission (ACCC), the relevant state or territory consumer protection agency, or any other applicable regulatory authority.

16. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Guzman y Gomez. We have no control over and assume no responsibility for the content, privacy policies, practices, or terms of any third-party websites or services. We strongly encourage you to review the terms and conditions and privacy policies of any third-party services you access.

The inclusion of any link to a third-party website does not imply endorsement by Guzman y Gomez of that website or any association with its operators. Your use of any third-party website or service is entirely at your own risk.

17. Force Majeure

Guzman y Gomez shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, fires, floods, wars, acts of terrorism, governmental actions, industrial disputes, power outages, or failures of telecommunications infrastructure.

In the event of a force majeure event, we will use reasonable endeavours to notify you and to minimise the impact on the Services. Our obligations under these Terms will be suspended for the duration of the force majeure event.

18. Entire Agreement

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

19. Waiver

No failure or delay by Guzman y Gomez in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any further or other exercise thereof or the exercise of any other right, power, or privilege. Any waiver of a breach of these Terms must be in writing and signed by an authorised representative of Guzman y Gomez to be effective.

20. 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 to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, consistent with the original intent of the provision and the overall purpose and intent of these Terms.

The invalidity or unenforceability of any provision in any particular jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction, nor shall it affect the validity or enforceability of the remaining provisions in any jurisdiction.

21. Assignment

You may not assign, transfer, or sub-license any of your rights or obligations under these Terms without the prior written consent of Guzman y Gomez. We may assign, transfer, or sub-license our rights or obligations under these Terms at any time without restriction and without notice to you, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of our assets.

22. Notices

Any notices or communications required or permitted under these Terms shall be made in writing. Notices to Guzman y Gomez must be sent by email to [email protected]. We may provide notice to you by email to the address associated with your account, by in-app notification, or by posting a notice on our website at guzimanygomez.com.

A notice sent by email shall be deemed received on the next business day following transmission, provided no error message is received by the sender indicating that the email was not delivered.

23. Accessibility

Guzman y Gomez is committed to making our digital platforms accessible to all users. We strive to comply with the Web Content Accessibility Guidelines (WCAG) and applicable accessibility standards under Australian law. If you experience difficulty accessing any part of our Services, please contact us at [email protected] so that we may assist you.

24. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to exercise any of your rights under applicable law, please do not hesitate to contact us using the details below:

We will endeavour to respond to all enquiries within a reasonable period and no later than the timeframes required by applicable law.

These Terms of Service were last reviewed and updated on June 26, 2026. Guzman y Gomez reserves the right to update these Terms at any time. We encourage you to review this page periodically for any changes.