Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website located at guzmansigomez.com (the "Website"), as well as any related services, mobile applications, digital platforms, loyalty programs, online ordering systems, and in-restaurant experiences operated by Guzman y Gomez ("GYG," "we," "us," or "our"). By accessing or using our Website or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Guzman y Gomez. If you do not agree to these Terms in their entirety, you must immediately cease using our Website and services. These Terms apply to all visitors, registered users, customers, and any other persons who access or use our services in any manner.

1. Acceptance of Terms

By accessing, browsing, or using the Website or any services offered by Guzman y Gomez, you confirm that:

• You are at least 18 years of age, or if you are between 13 and 18 years of age, you are accessing the Website with the consent and supervision of a parent or legal guardian;
• You have the legal capacity to enter into a binding agreement under Australian law;
• You will comply with all applicable local, state, territory, and federal laws and regulations, including but not limited to those of the Commonwealth of Australia;
• You have read and understood these Terms, our Privacy Policy, and any other policies referenced herein;
• Your use of our services does not violate any applicable law or regulation.

If you are using our services on behalf of a business, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you individually and such entity.

Your continued use of our Website or services following any modification to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

2. Description of Services

Guzman y Gomez is an Australian quick-service restaurant brand specialising in fresh Mexican-inspired food and beverages. Our services include, but are not limited to:

2.1 Restaurant Services

We operate physical restaurant locations across Australia and internationally, offering dine-in, take-away, and drive-through food and beverage services. Menu items, pricing, availability, and operating hours may vary by location.

2.2 Online Ordering

We provide online ordering capabilities through our Website and any associated mobile applications, allowing customers to place orders for pick-up or delivery. Delivery services may be fulfilled by third-party delivery partners, and separate terms and conditions may apply to such services.

2.3 GYG Loyalty and Rewards Program

We may offer a loyalty or rewards program through which customers can earn and redeem points, access exclusive offers, and receive personalised promotions. Participation in any loyalty program is subject to separate program-specific terms and conditions, which supplement but do not replace these Terms.

2.4 Digital Content and Promotions

Our Website may include editorial content, promotional material, nutritional information, competitions, gift cards, and vouchers. Such digital offerings are subject to any additional terms and conditions published at the time of the relevant promotion or offer.

2.5 Third-Party Services

Guzman y Gomez may partner with third parties to deliver certain aspects of our services, including delivery platforms, payment processors, and analytics providers. We are not responsible for the acts, omissions, or terms of any third-party service providers, and we encourage you to review their respective terms and privacy policies before engaging with them.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or interacting with our services;
• Maintain the confidentiality of your account credentials and notify us immediately at [email protected] if you suspect unauthorised access to your account;
• Use our services only for lawful purposes and in a manner consistent with these Terms;
• Comply with all applicable Australian Consumer Law obligations, including those arising under the Competition and Consumer Act 2010 (Cth) and applicable state and territory consumer protection legislation;
• Respect the intellectual property rights of Guzman y Gomez and third parties;
• Use our Website in a manner that does not damage, disable, overburden, or impair our systems or servers.

3.2 Prohibited Activities

You must not engage in any of the following prohibited activities in connection with our Website or services:

• Posting, transmitting, or distributing any content that is unlawful, defamatory, harassing, abusive, obscene, fraudulent, or otherwise objectionable;
• Attempting to gain unauthorised access to any part of our Website, our servers, or any systems or networks connected to our Website;
• Using automated tools, bots, scrapers, crawlers, or similar technologies to access, collect, or index any content from our Website without our express written consent;
• Introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material to our Website;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Engaging in any conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable Australian law;
• Using our services to engage in any commercial activity not expressly authorised by us in writing;
• Attempting to reverse engineer, decompile, or disassemble any software or technology forming part of our services;
• Interfering with or disrupting the integrity or performance of our Website or services;
• Using our brand, name, logos, or content in a manner not expressly permitted under these Terms or by prior written consent;
• Engaging in any conduct that infringes the rights of any third party, including intellectual property rights, privacy rights, or consumer rights under Australian law.

We reserve the right to investigate and take appropriate legal action against any person who violates these prohibitions, including without limitation reporting such activity to relevant law enforcement authorities.

4. Intellectual Property Rights

4.1 Ownership

All content, materials, and features available on our Website and through our services — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and layout of the Website — are the exclusive property of Guzman y Gomez or our licensors and are protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), and the Patents Act 1990 (Cth).

4.2 Trade Marks

The name "Guzman y Gomez," the GYG logo, and all related marks, trade names, and slogans are registered or unregistered trade marks of Guzman y Gomez. You must not use any of our trade marks without our prior written consent. Unauthorised use may constitute trade mark infringement and could expose you to legal liability.

4.3 Limited Licence

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

• Reproduce, distribute, modify, or create derivative works of any content;
• Use our content for commercial purposes without express written authorisation;
• Remove any copyright, trade mark, or other proprietary notices from our content.

4.4 User-Generated Content

If you submit, post, or transmit any content to us — including reviews, photos, feedback, or suggestions ("User Content") — you grant Guzman y Gomez a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business operations and promotional activities. You represent and warrant that you own or have all necessary rights to grant this licence and that your User Content does not infringe the rights of any third party.

5. Payment Terms

5.1 Pricing

All prices displayed on our Website, mobile application, or at our restaurant locations are in Australian Dollars (AUD) and include applicable Goods and Services Tax (GST) in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth), unless otherwise stated. We reserve the right to change our prices at any time without prior notice.

5.2 Online Payment

When placing an order online, payment must be made at the time of placing the order using the payment methods accepted on our platform, which may include credit cards, debit cards, digital wallets, and other payment methods as made available from time to time. All payment transactions are processed by third-party payment processors, and by submitting your payment information, you consent to the processing of your payment in accordance with the processor's terms and conditions.

5.3 Order Confirmation

Placement of an order through our Website constitutes an offer to purchase. An order is only accepted when we send you a written confirmation (typically by email or in-app notification). We reserve the right to refuse or cancel any order at our discretion, including for reasons such as product availability, errors in pricing, or suspected fraudulent activity.

5.4 Refunds and Cancellations

Our refund and cancellation policy is subject to your statutory rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If a product is defective, significantly different from its description, or otherwise fails to meet consumer guarantees, you may be entitled to a remedy including a refund, replacement, or repair. For online orders, cancellations must be made prior to preparation of the order. Please contact us at [email protected] to request a refund or discuss any issues with your order.

5.5 Promotional Codes and Gift Cards

Promotional codes, gift cards, and vouchers are subject to their own specific terms and conditions issued at the time of purchase or distribution. Codes and gift cards cannot be exchanged for cash unless required by law, and may have expiry dates and other conditions attached.

6. Disclaimers

6.1 Website Provided "As Is"

Our Website and services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, to the fullest extent permitted by applicable Australian law. We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

6.2 Accuracy of Information

While we endeavour to ensure that all information on our Website is accurate and up to date, we make no representations or warranties about the completeness, reliability, accuracy, suitability, or availability of the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is strictly at your own risk.

6.3 Nutritional and Allergen Information

Nutritional and allergen information provided on our Website is intended as a general guide only. Actual nutritional content may vary due to product substitutions, seasonal variations, preparation methods, and human error. If you have food allergies, intolerances, or specific dietary requirements, we strongly recommend that you contact us directly before consuming any of our products. We cannot guarantee that our products are free from any specific allergens or dietary restrictions.

6.4 Service Interruptions

We do not warrant that our Website will be uninterrupted, error-free, or free from viruses or other harmful components. We reserve the right to suspend or withdraw access to our Website at any time without notice for operational, maintenance, security, or other reasons.

6.5 Third-Party Links

Our Website may contain links to third-party websites, applications, or services. These links are provided for your convenience only. We have no control over the content or practices of any linked third-party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

7. Limitation of Liability

7.1 Exclusion of Consequential Loss

To the maximum extent permitted by applicable Australian law, Guzman y Gomez, its directors, officers, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, loss of business opportunity, or any other intangible losses, arising out of or in connection with your access to or use of (or inability to access or use) our Website or services.

7.2 Cap on Liability

To the extent permitted by law, our total liability to you in connection with any claim arising out of or relating to these Terms or your use of our services shall not exceed the greater of:

• The amount you paid to us in the twelve (12) months preceding the event giving rise to the claim; or
• One Hundred Australian Dollars (AUD $100.00).

7.3 Consumer Guarantees Under Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies that you may have under the Australian Consumer Law, including statutory guarantees that cannot lawfully be excluded. Where legislation implies any condition or warranty into these Terms that cannot be excluded, our liability for breach of that condition or warranty is limited, to the extent permitted by law, to the re-supply of the relevant service or the cost of having the service re-supplied.

8. Indemnification

You agree to indemnify, defend, and hold harmless Guzman y Gomez and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

• Your use of or access to our Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, rule, or regulation;
• Your infringement of any intellectual property, privacy, or other rights of any third party;
• Any User Content you submit, post, or transmit through our Website;
• Any negligent, reckless, or intentional misconduct on your part.

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

9. Privacy and Data Protection

Guzman y Gomez is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) contained in Schedule 1 of that Act. Our Privacy Policy, available on our Website, explains how we collect, use, disclose, store, and protect your personal information when you use our services.

By using our Website or services, you consent to the collection and use of your personal information in accordance with our Privacy Policy. If you do not agree to the terms of our Privacy Policy, please do not use our Website or services.

If you wish to access, correct, or request deletion of your personal information, or if you have a complaint about our handling of your personal information, please contact us at [email protected]. You also have the right to lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

10. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Australia and, where applicable, the laws of the relevant Australian state or territory in which a dispute arises. You irrevocably submit to the exclusive jurisdiction of the courts of Australia — including, as applicable, the courts of New South Wales, where Guzman y Gomez's principal operations are based — in respect of all disputes and claims arising out of or in connection with these Terms or your use of our services.

Notwithstanding the above, we reserve the right to seek urgent injunctive relief in any court of competent jurisdiction. These Terms do not limit any rights you may have under the Australian Consumer Law or other applicable mandatory Australian consumer protection legislation.

11. Dispute Resolution

11.1 Good Faith Negotiations

Before initiating any formal legal proceedings, you agree to first contact Guzman y Gomez at [email protected] to attempt to resolve the dispute informally and in good faith. We will endeavour to respond to your concerns within a reasonable time — typically no more than 30 calendar days from receipt of your written notice of the dispute.

11.2 Mediation

If the dispute cannot be resolved through informal negotiations within 30 days, either party may request mediation. Both parties agree to participate in mediation in good faith before commencing litigation. Mediation shall be conducted in accordance with the rules of the Australian Disputes Centre (ADC) or such other mediation body as the parties may agree. The costs of mediation shall be shared equally between the parties, unless otherwise agreed.

11.3 Litigation

If mediation fails to resolve the dispute, either party may commence legal proceedings in the appropriate Australian court of competent jurisdiction, as outlined in Section 10 above.

11.4 Australian Consumer Law Complaints

Nothing in this Section 11 prevents you from lodging a complaint with the Australian Competition and Consumer Commission (ACCC), a state or territory consumer protection agency, or any other relevant regulatory body in Australia.

12. Term and Termination

12.1 Duration

These Terms are effective from the date you first access our Website or services and will remain in full force and effect for as long as you continue to use our Website or services, unless earlier terminated in accordance with these Terms.

12.2 Termination by You

You may stop using our services and, if applicable, close your account at any time by contacting us at [email protected]. Closure of your account will not affect any rights or obligations that accrued prior to termination.

12.3 Termination by Us

We reserve the right, at our sole discretion and without notice or liability, to suspend or terminate your access to our Website or services, or to close your account, if we reasonably believe that you have:

• Violated any provision of these Terms;
• Engaged in conduct that is harmful to other users, Guzman y Gomez, or third parties;
• Provided false or misleading information;
• Engaged in fraudulent activity;
• Failed to comply with any applicable law or regulation.

12.4 Consequences of Termination

Upon termination, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination — including without limitation intellectual property rights, disclaimers, limitations of liability, indemnification, and governing law — will continue to survive and remain enforceable after termination.

13. Changes to These Terms

Guzman y Gomez reserves the right to update, modify, or replace these Terms at any time at our sole discretion. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page;
• Where reasonably practicable, notify registered users by email or via an in-app or on-site notification;
• Make the revised Terms available on our Website.

Your continued use of our Website or services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately stop using our services. We encourage you to review these Terms periodically to stay informed of any updates.

14. Severability

If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction under applicable Australian law, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving as closely as possible the original intent of that provision.

The failure of Guzman y Gomez to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by an authorised representative of Guzman y Gomez.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other policies, guidelines, or supplemental terms referenced herein, constitute the entire agreement between you and Guzman y Gomez with respect to your use of our Website and services and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between you and us regarding the same subject matter.

16. Waiver

No waiver by Guzman y Gomez of any breach or default of any provision of these Terms shall be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms. Any waiver must be made in writing and signed by an authorised representative of Guzman y Gomez to be legally effective.

17. Force Majeure

Guzman y Gomez shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, government actions, war, terrorism, civil unrest, labour disputes, power failures, internet outages, or other circumstances beyond our reasonable control. In such circumstances, our obligations will be suspended for the duration of the force majeure event.

18. Assignment

You may not assign or transfer your rights or obligations under these Terms to any third party without our prior written consent. Guzman y Gomez may assign or transfer its rights and obligations under these Terms at any time, including in connection with a merger, acquisition, restructure, or sale of all or substantially all of our assets, without restriction and without notice to you.

19. Accessibility

Guzman y Gomez is committed to making its Website and digital services as accessible as possible. If you experience any difficulty accessing content on our Website or require assistance, please contact us at [email protected] and we will endeavour to assist you in a timely and appropriate manner.

20. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, our Website, or our services, please contact us using the details below:

We will endeavour to respond to all enquiries within a reasonable time. For urgent matters, particularly those involving food safety or allergen concerns, please contact your nearest restaurant location directly.