Terms of Service

Please read these Terms of Service ("Terms", "Agreement") carefully before using the website located at guzman-y-gomez.com (the "Website") or any related services operated by Guzman y Gomez ("Company", "we", "us", or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately cease use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or using the Website at guzman-y-gomez.com, you acknowledge that you are at least eighteen (18) years of age, or if you are under eighteen (18) years of age, that you have obtained the consent of a parent or legal guardian to use our services. You further acknowledge that you have the legal capacity to enter into a binding contract under Australian law.

These Terms constitute a legally binding agreement between you ("User", "Customer", or "you") and Guzman y Gomez. Your continued use of our Website and services following any modifications to these Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates.

These Terms apply to all visitors, users, customers, and others who access or use our Website or services. They govern your use of our Website, any online ordering platform we operate, mobile applications, and all related services offered by Guzman y Gomez in Australia.

2. About Guzman y Gomez

Guzman y Gomez is a food and beverage business operating in Australia, offering Mexican-inspired food products and related dining services. Our contact details are as follows:

3. Description of Services

Guzman y Gomez provides customers with access to a range of food and beverage products and services, including but not limited to the following:

3.1 Food and Beverage Products

We offer a menu of Mexican-inspired food items including burritos, tacos, nachos, bowls, quesadillas, and other related food and beverage offerings. Our menu and product availability may vary by location and are subject to change without prior notice.

3.2 Online Ordering

Through our Website, customers may place orders for food and beverages for pick-up or delivery, subject to availability in their geographic area. Online ordering is facilitated through our Website or through authorised third-party delivery platforms. We make no guarantee regarding the availability of delivery services in all areas.

3.3 Loyalty Programs and Promotions

From time to time, Guzman y Gomez may offer loyalty programs, promotional offers, discount codes, and reward schemes. Participation in such programs is subject to separate terms and conditions which will be made available at the time of the relevant promotion. We reserve the right to modify, suspend, or terminate any loyalty program or promotion at any time at our sole discretion.

3.4 Catering and Corporate Services

We may offer catering and corporate food service options. These services are subject to separate agreements and availability, and interested parties should contact us directly at [email protected] for further information.

3.5 Third-Party Platforms

Our services may be accessible via third-party delivery and ordering platforms. Your use of such platforms is governed by the respective terms and conditions of those third parties, and we are not responsible for the practices or policies of any third-party platform.

4. User Obligations and Prohibited Activities

4.1 General Obligations

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

• Provide accurate, current, and complete information when registering an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorised use of your account;
• Use our Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable Australian laws, regulations, and codes of practice;
• Treat our staff and other users with respect and dignity at all times;
• Ensure that any information you provide to us, including dietary requirements or allergen information, is accurate and up to date.

4.2 Prohibited Activities

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

• Using our Website or services for any unlawful, fraudulent, or malicious purpose;
• Attempting to gain unauthorised access to our systems, servers, databases, or any other part of our technical infrastructure;
• Introducing viruses, trojans, worms, logic bombs, or any other malicious software or technologically harmful material into our Website;
• Using automated tools, bots, scrapers, or similar technology to access, collect, or copy content from our Website without our prior written consent;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Submitting false, misleading, or fraudulent orders or payment information;
• Engaging in any conduct that interferes with, disrupts, or imposes an unreasonable burden on our Website or services;
• Reproducing, distributing, modifying, or creating derivative works from any content on our Website without our prior written permission;
• Using our Website to transmit any unsolicited commercial communications (spam) or engaging in any form of harassment;
• Exploiting any pricing errors or technical glitches on our Website in bad faith;
• Reselling, sublicensing, or commercially exploiting our services without our express written consent;
• Violating any applicable Australian state, territory, or federal law or regulation.

We reserve the right to suspend or terminate your access to our Website and services immediately and without notice if we reasonably believe you have engaged in any prohibited activity. We may also report such conduct to the relevant authorities.

5. Intellectual Property Rights

5.1 Ownership

All content, materials, and intellectual property available on or through our Website, including but not limited to text, graphics, logos, images, icons, photographs, audio clips, video content, digital downloads, data compilations, and software, are the exclusive property of Guzman y Gomez or our licensors and are protected by Australian intellectual property laws, including the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), and other applicable intellectual property legislation.

5.2 Trade Marks

The name "Guzman y Gomez", our logo, and all related trade marks, service marks, trade names, and brand identifiers are the registered or unregistered trade marks of Guzman y Gomez. You must not use any of our trade marks without our prior express written consent. Nothing in these Terms grants you any right to use our trade marks.

5.3 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 solely for personal, non-commercial purposes. This licence does not permit you to copy, reproduce, modify, distribute, sell, or otherwise exploit any content or material from our Website.

5.4 User-Generated Content

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

6. Payment Terms

6.1 Pricing

All prices displayed on our Website are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST) where applicable, unless otherwise stated. Prices are subject to change without notice. We make every effort to ensure that pricing on our Website is accurate; however, errors may occasionally occur.

6.2 Payment Methods

We accept a variety of payment methods as indicated on our Website and at point of sale, including but not limited to credit cards, debit cards, digital wallets, and other payment methods as made available from time to time. Payment is due at the time of ordering unless otherwise agreed in writing.

6.3 Pricing Errors

In the event of a pricing error, we reserve the right to cancel or refuse any order placed at the incorrect price, even after an order confirmation has been sent. We will notify you as soon as reasonably practicable if this occurs and will offer you the option to proceed with your order at the correct price or receive a full refund.

6.4 Refunds and Cancellations

Our refund and cancellation policy is governed by the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). You may be entitled to a remedy where our products or services fail to meet consumer guarantees under the ACL. Please contact us at [email protected] to discuss any concerns regarding your order. Nothing in these Terms is intended to exclude, restrict, or modify any rights you have under the ACL.

6.5 GST

Where applicable, Goods and Services Tax (GST) will be charged on our products and services in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). A tax invoice will be made available upon request.

7. Allergen and Dietary Information

Guzman y Gomez takes food safety seriously. We provide allergen and nutritional information on our Website and in-store to assist customers in making informed choices. However, our food products are prepared in kitchens where allergens including gluten, dairy, nuts, eggs, soy, and other common allergens may be present. We cannot guarantee that our products are completely free from any allergen.

If you have a food allergy, intolerance, or specific dietary requirement, we strongly recommend that you inform our staff prior to ordering. You acknowledge that it is your responsibility to verify the suitability of any food product for your dietary needs. Guzman y Gomez is not liable for any adverse reactions resulting from the consumption of our products where you have failed to disclose relevant dietary information.

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, licensors, and suppliers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or any other intangible loss, arising out of or in connection with your use of or inability to use our Website or services, even if we have been advised of the possibility of such damages.

8.2 Limitation of Direct Liability

To the maximum extent permitted by law, our total aggregate liability to you for any claim arising out of or in connection with these Terms or your use of our services shall not exceed the amount paid by you to Guzman y Gomez in the three (3) months preceding the event giving rise to the claim.

8.3 Consumer Guarantees

Nothing in these Terms limits or excludes our liability under the Australian Consumer Law (ACL), including statutory consumer guarantees that cannot be excluded by contract. Where our liability cannot be excluded by law, we limit our liability to the extent permitted by the ACL, including by supplying the services again or paying the cost of having the services supplied again.

8.4 Third-Party Websites and Services

Our Website may contain links to third-party websites, platforms, or services. We do not control and are not responsible for the content, privacy practices, or operations of any third-party websites. The inclusion of any link does not imply our endorsement of the linked website. You access third-party websites at your own risk.

9. Disclaimers

9.1 As-Is Basis

Our Website and services are provided on an "as is" and "as available" basis, without any representations or warranties of any kind, either express or implied. To the fullest extent permitted by law, Guzman y Gomez disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

9.2 No Guarantee of Availability

We do not warrant that our Website will be available at all times, free from errors, interruptions, or defects, or that any defects will be corrected. We reserve the right to modify, suspend, or discontinue any part of our Website or services at any time without notice or liability.

9.3 Accuracy of Information

While we endeavour to ensure that the information on our Website is accurate and up to date, we make no warranties or representations about the accuracy, completeness, or reliability of any information on our Website. Any reliance you place on such information is strictly at your own risk.

9.4 Menu and Product Availability

Menu items, ingredients, and products are subject to availability and may vary between locations and at different times. We do not guarantee that any particular menu item or product will be available at any given time or location.

10. Indemnification

You agree to indemnify, defend, and hold harmless Guzman y Gomez and its directors, officers, employees, agents, contractors, licensors, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in connection with:

• Your use of or inability to use our Website or services;
• Your breach of any of these Terms;
• Your violation of any applicable Australian law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any User Content you submit, post, or transmit through our Website;
• Any negligent or wrongful act or omission by you in connection with your use of our services.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defences.

11. Privacy and Data Protection

Your privacy is important to us. The collection, use, and disclosure of your personal information by Guzman y Gomez is governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy sets out how we handle your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

By using our Website and services, you consent to the collection and use of your personal information as described in our Privacy Policy. Please review our Privacy Policy at guzman-y-gomez.com to understand our practices.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Australia, including relevant federal legislation and the laws of the applicable Australian state or territory in which a dispute arises.

For any disputes arising in relation to these Terms or your use of our Website and services, you agree to submit to the exclusive jurisdiction of the courts of Australia. This includes the Federal Court of Australia and the relevant state or territory courts. We do not waive our right to seek injunctive or other equitable relief in any court of competent jurisdiction.

Key applicable legislation includes, without limitation:

• Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (Schedule 2);
• Privacy Act 1988 (Cth);
• Copyright Act 1968 (Cth);
• Trade Marks Act 1995 (Cth);
• Electronic Transactions Act 1999 (Cth);
• Food Standards Australia New Zealand Act 1991 (Cth);
• Relevant state and territory food safety legislation.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services ("Dispute"), you agree to first contact us in writing at [email protected] and attempt to resolve the Dispute informally. We will endeavour to respond to your complaint within fifteen (15) business days and work with you in good faith to find a mutually satisfactory resolution.

13.2 Mediation

If the Dispute cannot be resolved informally within thirty (30) days of your initial written notice, either party may refer the Dispute to mediation administered by a mutually agreed-upon, independent mediator. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

13.3 Legal Proceedings

If mediation is unsuccessful or if either party declines to participate in mediation, either party may commence legal proceedings in the courts of Australia as set out in Section 12 of these Terms. Nothing in this Section 13 prevents either party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction.

13.4 Australian Consumer Law Complaints

If you have a consumer complaint that cannot be resolved directly with us, you may contact the Australian Competition and Consumer Commission (ACCC) at www.accc.gov.au or the relevant state or territory consumer protection agency.

14. Term and Termination

14.1 Duration

These Terms commence on the date you first access or use our Website or services and remain in effect until terminated in accordance with this Section.

14.2 Termination by You

You may terminate your use of our Website and services at any time by ceasing to access our Website and, where applicable, by closing or deactivating your account.

14.3 Termination by Us

We reserve the right to suspend or terminate your access to our Website and services at any time, with or without notice, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Your engagement in any prohibited activity as described in Section 4.2;
• Our decision to discontinue or materially alter our Website or services;
• Any legal, regulatory, or operational reason at our sole discretion.

14.4 Effect of Termination

Upon termination of these Terms for any reason:

• Your right to access and use our Website and services will immediately cease;
• Any provisions of these Terms which by their nature should survive termination shall survive, including but not limited to Sections 5 (Intellectual Property), 8 (Limitation of Liability), 9 (Disclaimers), 10 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution).

15. Changes to These Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Any changes to these Terms will be effective upon posting the updated Terms on our Website at guzman-y-gomez.com. We will update the "Last Updated" date at the top of this page to reflect the date of the most recent revision.

It is your responsibility to check our Terms periodically for changes. Your continued use of our Website or services following the posting of revised Terms constitutes your acceptance of the updated Terms. If you do not agree with the revised Terms, you must immediately discontinue your use of our Website and services.

For significant changes to these Terms, we may, at our discretion, provide additional notice through our Website or by email to the address associated with your account.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision shall not affect the validity, legality, and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The parties acknowledge and agree that these Terms reflect a reasonable allocation of risk and that Guzman y Gomez would not have entered into this Agreement without the limitations and exclusions of liability set forth herein. If any limitation or exclusion of liability is found to be unenforceable, such finding shall not affect the enforceability of any other limitation or exclusion.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on our Website, constitute the entire agreement between you and Guzman y Gomez with respect to your use of our Website and services. These Terms supersede all prior negotiations, representations, warranties, agreements, and understandings between you and us relating to the subject matter hereof, whether written or oral.

No failure or delay by us in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise of that right, power, or remedy.

18. No Partnership or Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between you and Guzman y Gomez. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that reasonably would contradict this Section.

19. Force Majeure

Guzman y Gomez shall not be liable for any failure or delay in the performance of our 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, pandemic, epidemic, fire, flood, storm, war, terrorism, civil unrest, government action or regulation, strikes or industrial disputes, power outages, or failures of third-party service providers. In such circumstances, we will endeavour to notify you as soon as reasonably practicable and will use commercially reasonable efforts to resume normal operations.

20. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any purported assignment without our consent shall be null and void. We may freely assign, transfer, or delegate any of our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of our assets.

21. Accessibility

We are committed to ensuring that our Website and services are accessible to all users, including persons with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA and Australian government accessibility standards. If you experience any difficulty accessing our Website or services, please contact us at [email protected] and we will endeavour to assist you.

22. Feedback

We welcome your feedback, comments, and suggestions regarding our Website and services. Any feedback you provide to us may be used by Guzman y Gomez without restriction or compensation to you. You acknowledge that we are not obligated to maintain any feedback in confidence, to pay any compensation for any feedback, or to respond to any feedback.

23. Contact Information

If you have any questions, concerns, or enquiries regarding these Terms of Service, please contact us using the details below. We endeavour to respond to all enquiries within five (5) business days.