Terms of Service

Please read these Terms of Service carefully before using the website located at guzminagomez.com or any related services provided by Guzman y Gomez. By accessing or using our website, mobile applications, ordering platforms, or any other digital or physical services we offer, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you do not agree with any part of these terms, you must immediately discontinue your use of our services.

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 guzminagomez.com, any associated mobile applications, online ordering systems, loyalty programmes, and all related services (collectively referred to as the "Services").

By accessing our website, placing an order, creating an account, using our mobile application, or otherwise engaging with any of our Services, you affirm that:

• You are at least eighteen (18) years of age, or if you are under eighteen (18), that you have obtained the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf;
• You have the legal capacity to enter into a binding contract under the laws of Australia;
• You are not barred from receiving or using the Services under any applicable law or regulation;
• You agree to comply with these Terms and all applicable local, state, territory, and federal laws of Australia.

Your continued use of the Services after any amendment to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to remain informed of any updates.

2. Description of Services

Guzman y Gomez is an Australian food and beverage company specialising in fresh, high-quality Mexican-inspired cuisine. Our Services include, but are not limited to:

2.1 Restaurant and Dining Services

We operate physical restaurant locations across Australia where customers may dine in, take away, or utilise drive-through facilities. Our menus, pricing, available items, and operating hours may vary by location and are subject to change without prior notice. We reserve the right to modify, discontinue, or introduce menu items at any time.

2.2 Online Ordering Services

We provide an online ordering platform accessible through our website at guzminagomez.com and our official mobile applications. Through these platforms, users may place orders for pickup, dine-in preparation, or delivery (where available). Online orders are subject to availability and confirmation by Guzman y Gomez. We reserve the right to cancel or refuse any order at our sole discretion, including but not limited to cases of suspected fraud, pricing errors, or unavailability of menu items.

2.3 Loyalty and Rewards Programme

We may offer a loyalty and rewards programme to registered users, allowing the accumulation of points, access to exclusive offers, and other benefits. Participation in any loyalty programme is governed by these Terms as well as any specific programme terms and conditions published separately on our website or mobile application. Loyalty points and rewards have no monetary value, are non-transferable, and may expire in accordance with programme-specific rules.

2.4 Promotional Offers and Marketing Communications

From time to time, Guzman y Gomez may offer promotional deals, discounts, competitions, and special offers. These promotions are subject to their own terms and conditions and may be withdrawn or modified at any time without notice. All competitions and prize-based promotions conducted in Australia are subject to applicable state and territory trade promotion lottery legislation.

2.5 Third-Party Delivery Platforms

Guzman y Gomez may partner with third-party delivery service providers to facilitate delivery of food orders to customers. The use of third-party delivery platforms is subject to the terms and conditions, privacy policies, and service agreements of those respective third parties. We are not responsible for any loss, delay, damage, or dissatisfaction arising from the services provided by third-party delivery partners.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security of your account credentials and immediately notify us of any unauthorised access or suspected breach of your account;
• Update your account information promptly if any details change;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable Australian federal, state, and territory laws, regulations, and codes of conduct;
• Respect the intellectual property rights of Guzman y Gomez and third parties;
• Conduct yourself in a respectful and lawful manner when interacting with our staff, other customers, and when using our digital platforms.

3.2 Prohibited Activities

You must not engage in any of the following activities when using our Services:

• Using our Services for any unlawful, fraudulent, or deceptive purpose;
• Attempting to gain unauthorised access to our systems, networks, databases, or any accounts belonging to other users;
• Interfering with, disrupting, or attempting to compromise the integrity, performance, or security of our website, mobile applications, or servers;
• Uploading, transmitting, or distributing any viruses, malware, spyware, ransomware, or any other harmful or malicious software;
• Using automated scripts, bots, scrapers, crawlers, or other automated tools to access, collect, or extract data from our Services without our express written permission;
• Engaging in any conduct that may expose Guzman y Gomez or any of its directors, employees, agents, or affiliates to liability;
• Impersonating any person or entity, including any employee or representative of Guzman y Gomez;
• Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of our Services for commercial purposes without our express written consent;
• Posting, submitting, or transmitting any content that is defamatory, harassing, abusive, threatening, obscene, offensive, or otherwise objectionable;
• Attempting to reverse-engineer, decompile, or disassemble any software or technology underlying our Services;
• Using our Services in any manner that could overburden or impair the functionality of our digital platforms;
• Circumventing any security measures, geographic restrictions, or access controls implemented by us.

Any violation of the prohibitions outlined above may result in immediate suspension or termination of your account and access to our Services, and may be reported to the relevant law enforcement authorities where required by law.

4. Intellectual Property Rights

4.1 Ownership

All content, materials, and intellectual property available through our Services, including but not limited to the Guzman y Gomez name, trademarks, logos, trade dress, branding, website design, graphics, images, photographs, videos, text, menus, recipes (where published), software, code, data compilations, and any other proprietary materials (collectively, "Intellectual Property"), are owned by or licensed to Guzman y Gomez. All rights are reserved.

4.2 Trademarks

The Guzman y Gomez name, logo, and any associated trade marks are registered or unregistered trade marks of Guzman y Gomez in Australia and potentially other jurisdictions. Nothing in these Terms grants you any right or licence to use our trade marks without our prior written consent. Unauthorised use of our trade marks may constitute trade mark infringement under the Trade Marks Act 1995 (Cth) and other applicable laws.

4.3 Limited Licence

Subject to your compliance with these Terms, Guzman y Gomez grants you a limited, non-exclusive, non-transferable, revocable licence to access and use our Services solely for your personal, non-commercial purposes. This licence does not include the right to:

• Sublicence, sell, resell, transfer, assign, or otherwise commercially exploit the Services or any content therein;
• Modify, adapt, translate, create derivative works of, or reverse-engineer any portion of the Services;
• Remove, alter, or obscure any copyright, trade mark, or other proprietary notices incorporated in or accompanying the Services.

4.4 User-Generated Content

If you submit, post, upload, or otherwise make available any content, feedback, reviews, images, or other materials through our Services ("User Content"), you grant Guzman y Gomez a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, distribute, and display such User Content in connection with the operation and promotion of our Services. You represent and warrant that you own or have the necessary rights to grant this licence and that your User Content does not infringe upon the intellectual property rights or other rights of any third party.

5. Payment Terms

5.1 Pricing

All prices displayed on our website, mobile applications, and at our restaurant locations are in Australian Dollars (AUD) and 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 without prior notice. The price applicable to your order will be the price displayed at the time of order placement.

5.2 Payment Methods

We accept various payment methods including, but not limited to, major credit cards, debit cards, and digital payment solutions as specified on our website or at our restaurant locations. By providing payment information, you represent and warrant that you are authorised to use the designated payment method and authorise us to charge the applicable amounts.

5.3 Order Confirmation and Processing

All orders placed through our online platforms are subject to availability and acceptance by Guzman y Gomez. An order confirmation sent to your nominated email address or mobile number does not constitute our final acceptance of the order. We reserve the right to cancel any order, for any reason, including pricing errors or product unavailability, and to issue a full refund to the original payment method.

5.4 Refunds and Cancellations

Our refund and cancellation policy is subject to your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If you are entitled to a remedy under Australian Consumer Law, we will provide that remedy. Refund requests for change of mind or personal preference will be assessed on a case-by-case basis at our sole discretion. Any complaints regarding food quality, incorrect orders, or other issues should be directed to us via the contact details provided in Section 14 of these Terms.

5.5 Loyalty Points and Rewards Redemption

Where applicable, loyalty points or rewards earned through our loyalty programme may be redeemed in accordance with the specific programme terms. Rewards and loyalty points hold no cash value and cannot be exchanged for currency. We reserve the right to modify, suspend, or terminate any loyalty or rewards programme at any time, with or without prior notice.

6. Disclaimers

6.1 As-Is Basis

Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the maximum extent permitted by law, Guzman y Gomez expressly disclaims all warranties, representations, or conditions, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that our Services will be uninterrupted, error-free, timely, secure, or free from viruses or other harmful components;
• Warranties regarding the accuracy, reliability, completeness, or currency of any information provided through our Services.

6.2 Food and Allergen Information

Guzman y Gomez takes reasonable steps to provide accurate allergen and nutritional information. However, we cannot guarantee that all information is always complete, current, or error-free. Our food is prepared in kitchens where allergens are present, and cross-contamination may occur. If you have a food allergy, intolerance, or dietary requirement, you should inform our staff before placing an order and carefully review allergen information. We disclaim all liability for any allergic reactions or dietary issues arising from your consumption of our food and beverages, to the fullest extent permitted by law.

6.3 Third-Party Websites and Links

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, terms, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party website you visit.

7. Limitation of Liability

To the maximum extent permitted by applicable law, including the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth), Guzman y Gomez, its directors, officers, employees, agents, partners, suppliers, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages;
• Loss of profits, revenue, data, goodwill, business opportunities, or anticipated savings;
• Any damage to or loss of data, systems, or equipment;
• Any personal injury or property damage arising from your use of our Services or consumption of our products, except where such liability cannot be excluded under applicable law;
• Any unauthorised access to or use of our servers or any personal or financial information stored therein;
• Any interruption, suspension, or cessation of our Services;
• Any errors, inaccuracies, or omissions in any content or materials provided through our Services.

Where our liability cannot be excluded under law, including under the Australian Consumer Law, our liability is limited to the greatest extent permitted by law, and where applicable, to resupplying the relevant services or paying the cost of having the services supplied again.

Nothing in these Terms limits or excludes any liability that cannot be excluded under applicable Australian law, including liability for death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or liability under the consumer guarantee provisions of the Australian Consumer Law.

8. Indemnification

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

• Your access to or use of the Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law or regulation, including Australian federal, state, or territory legislation;
• Your infringement of any intellectual property right, privacy right, or other right of any third party;
• Any User Content you submit, post, or transmit through our Services;
• Any fraudulent, negligent, or wilful misconduct on your part;
• Any dispute between you and any third party, including delivery service providers.

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

9. Privacy and Data Protection

Your privacy is important to us. The collection, use, disclosure, and handling of your personal information is governed by our Privacy Policy, which is available on our website at guzminagomez.com and is incorporated into these Terms by reference. By using our Services, you acknowledge and consent to our collection and use of your personal information in accordance with our Privacy Policy.

We handle your personal information in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) contained therein. Where you are located in a state or territory with additional privacy legislation, we also comply with those applicable laws.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or matter arising out of or in connection with these Terms (including non-contractual disputes or claims) shall be 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.

Subject to the dispute resolution process outlined in Section 11 below, you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and the Federal Court of Australia (where applicable), in respect of any proceedings arising out of or in connection with these Terms or your use of the Services.

Nothing in this clause limits your rights under the Australian Consumer Law or prevents you from making a complaint to the Australian Competition and Consumer Commission (ACCC), your state or territory's fair trading agency, or any other relevant regulatory authority.

11. Dispute Resolution

11.1 Initial Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or your use of our Services ("Dispute"), the parties shall first attempt to resolve the Dispute informally. You should contact us in the first instance using the contact details provided in Section 14 of these Terms and clearly describe the nature of your Dispute and the resolution you are seeking.

11.2 Good Faith Negotiation

Upon receipt of your complaint or notice of Dispute, Guzman y Gomez will endeavour to respond within ten (10) business days. Both parties agree to engage in good faith negotiations for a period of not less than thirty (30) days from the date of your initial contact in an attempt to resolve the Dispute amicably and without formal proceedings.

11.3 Mediation

If the Dispute cannot be resolved through informal negotiation within the period specified above, the parties agree to attempt to resolve the Dispute through mediation, facilitated by a mutually agreed accredited mediator or through a recognised mediation service in New South Wales, Australia. The costs of mediation shall be shared equally between the parties unless otherwise agreed or ordered.

11.4 Legal Proceedings

If mediation is unsuccessful or declined by either party, either party may then pursue the Dispute through the appropriate courts of New South Wales or the Federal Court of Australia as outlined in Section 10. Nothing in this dispute resolution process prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

11.5 Australian Consumer Law Rights

Nothing in this Section limits or excludes any rights you may have under the Australian Consumer Law or any other applicable legislation. You retain the right to approach the ACCC, your state or territory's Office of Fair Trading, or any other consumer protection body at any time.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you continue to access or use our Services or maintain an account with us.

12.2 Termination by You

You may terminate your account or cease using our Services at any time by contacting us using the details in Section 14 or by deactivating your account through the account management settings (where available). Termination does not affect any rights or obligations that arose prior to termination, including payment obligations for completed orders.

12.3 Termination by Us

Guzman y Gomez reserves the right to suspend, restrict, or terminate your access to all or any part of our Services at any time, with or without notice, and for any reason, including but not limited to:

• Breach of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to pay any amounts owing to us;
• Requests by law enforcement or regulatory authorities;
• Unforeseen technical or security issues;
• Our decision to discontinue or substantially modify the Services.

12.4 Effect of Termination

Upon termination of your access to the Services, the licence granted to you under these Terms will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property rights, indemnification obligations, disclaimers, and limitations of liability.

13. Changes to These Terms

Guzman y Gomez reserves the right to modify, amend, or update these Terms of Service at any time at our sole discretion. Any changes will become effective upon posting the revised Terms on our website at guzminagomez.com with an updated "Last Updated" date. Where the changes are material, we will make reasonable efforts to notify you by email (to the address associated with your account), through a notice on our website, or through our mobile application.

Your continued use of our Services after the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must immediately cease using our Services and, where applicable, close your account. We encourage you to review these Terms periodically to stay informed of any updates or amendments.

14. Severability

If any provision of these Terms is found to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving, to the greatest extent possible, the original intent of the parties.

The failure of Guzman y Gomez to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any provision in one instance shall not be deemed a waiver of that provision on any other occasion.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, guidelines, or policies published by Guzman y Gomez on our Services, constitute the entire agreement between you and Guzman y Gomez with respect to your use of the Services and supersede all prior agreements, understandings, representations, and communications, whether written or oral, relating to the subject matter herein.

16. Miscellaneous Provisions

16.1 Assignment

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

16.2 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 such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions or restrictions, strikes, civil unrest, supply chain disruptions, or failures of third-party service providers.

16.3 No Partnership or Agency

Nothing in these Terms shall be construed to create any partnership, joint venture, agency, employment, or franchise relationship between you and Guzman y Gomez. You have no authority to bind us to any obligation.

16.4 Headings

The section headings used in these Terms are for convenience and reference only and shall not affect the interpretation of these Terms.

16.5 Language

These Terms are drafted in the English language. In the event of any conflict or inconsistency between the English version and any translated version of these Terms, the English version shall prevail.

17. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or our Services, please do not hesitate to contact us using the details below. We are committed to responding to all enquiries in a timely and professional manner.

When contacting us regarding a Dispute or complaint, please include your full name, contact details, order reference number (if applicable), and a clear description of your concern to assist us in responding promptly and effectively.

These Terms of Service were last reviewed and updated on July 19, 2026. Guzman y Gomez reserves all rights not expressly granted herein. © 2026 Guzman y Gomez. All rights reserved.