Terms of Service

Effective Date: July 21, 2026  |  Last Updated: July 21, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Guzman y Gomez ("we," "us," "our," or the "Company") governing your access to and use of the website located at guzmasnygomez.com (the "Website") and all related services, products, and content provided by the Company (collectively, the "Services").

By accessing or using our Website or Services in any manner, including but not limited to browsing the Website, placing a food order, registering an account, or interacting with any content on our platform, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms in their entirety;
• You are at least 18 years of age, or if you are under 18, you have obtained the consent of a parent or legal guardian;
• You have the legal capacity to enter into a binding agreement;
• You will comply with all applicable local, state, national, and international laws and regulations in connection with your use of our Services.

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 that entity.

These Terms are governed by and construed in accordance with the laws of Australia, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), the Privacy Act 1988 (Cth), and other applicable Commonwealth and State legislation.

2. Description of Services

Guzman y Gomez is an Australian food service business that operates restaurants and provides food ordering services through its online platform. Our Services include, but are not limited to:

2.1 Restaurant and Dine-In Services

We operate physical restaurant locations across Australia where customers may dine in and enjoy freshly prepared Mexican-inspired food and beverages. Each restaurant location is subject to its own operational hours, availability, and local conditions.

2.2 Online Ordering and Delivery

Through our Website and associated third-party delivery platforms, customers may place orders for takeaway, delivery, and pickup. Online ordering is subject to availability, location-based delivery zones, and applicable delivery fees. We reserve the right to modify, suspend, or discontinue delivery services to specific areas without prior notice.

2.3 Click and Collect

Customers may place orders online for collection at a designated Guzman y Gomez restaurant location. Collection orders must be collected within a reasonable timeframe as specified at the time of ordering. Uncollected orders may not be eligible for refund.

2.4 Catering Services

We offer catering services for events, corporate functions, and group orders. Catering orders are subject to separate terms and minimum order requirements, which will be communicated at the time of enquiry and confirmation.

2.5 Digital Platform and Account Services

Users may register for an account on our Website to access features such as order history, saved preferences, loyalty rewards (where applicable), and promotional offers. Account registration is subject to the conditions outlined in Section 4 of these Terms.

2.6 Loyalty and Rewards Programme

Where offered, a loyalty or rewards programme may be available to registered users. The terms and conditions of any such programme will be published separately and form part of these Terms by reference. We reserve the right to modify, suspend, or terminate any rewards programme at our discretion.

2.7 Nutritional and Allergen Information

We endeavour to provide accurate nutritional and allergen information on our Website. However, food is prepared in kitchens that may handle allergens including gluten, dairy, nuts, eggs, soy, and other common allergens. Customers with specific dietary requirements or severe allergies are advised to contact us directly before ordering. We cannot guarantee that any item is completely free from allergens.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of using our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security and confidentiality of your account credentials;
• Notify us immediately of any unauthorised use of your account or security breach;
• Use our Services only for lawful purposes and in compliance with these Terms;
• Treat our staff, contractors, and other customers with respect and courtesy at all times;
• Comply with all applicable laws and regulations, including Australian Consumer Law and food safety regulations.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Website or Services for any fraudulent, deceptive, or unlawful purpose;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Attempt to gain unauthorised access to our systems, databases, servers, or networks;
• Use automated tools, bots, scrapers, or scripts to access, collect, or interact with our Website or Services without our prior written consent;
• Interfere with or disrupt the integrity, performance, or security of our Website or Services;
• Post, transmit, or distribute any content that is defamatory, obscene, offensive, harassing, or in violation of any third-party rights;
• Reproduce, duplicate, copy, sell, or exploit any portion of our Website or Services without our express written permission;
• Use our Services to collect or harvest personal information about other users;
• Engage in any conduct that could damage our reputation or business interests;
• Attempt to circumvent, disable, or interfere with any security features of our Website;
• Place fraudulent, fictitious, or malicious orders;
• Misuse promotional codes, vouchers, or loyalty rewards in a manner contrary to their intended purpose or our promotional terms.

We reserve the right to investigate any suspected violation of these obligations and to take appropriate action, including suspension or termination of your account, reporting to law enforcement authorities, and pursuing legal remedies available under Australian law.

4. Account Registration and Security

To access certain features of our Services, you may be required to create an account. When registering, you must provide truthful and accurate information, including your full name, email address, and any other details requested. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

You agree to immediately notify us at [email protected] of any suspected or actual unauthorised use of your account. We will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

We reserve the right to refuse account registration, suspend, or terminate accounts at our sole discretion, including where we believe a user has violated these Terms or applicable laws.

5. Ordering, Payment, and Pricing

5.1 Ordering Process

When you place an order through our Website or at a restaurant location, you are making an offer to purchase the selected food and beverage items subject to these Terms. A binding contract is formed when we accept your order, which is confirmed by a confirmation notification via email or on-screen acknowledgement.

We reserve the right to refuse or cancel any order at our discretion, including where:

• A menu item is unavailable or out of stock;
• We are unable to verify your payment information;
• We suspect fraud or misuse;
• An error has occurred in pricing or product description.

5.2 Pricing

All prices displayed on our Website are in Australian Dollars (AUD) and include 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. Delivery fees, service charges, and any applicable surcharges will be disclosed prior to finalising your order.

5.3 Payment Methods

We accept payment by major credit and debit cards, digital wallets, and other payment methods as displayed at checkout. All payment transactions are processed through secure third-party payment gateways. We do not store your full payment card details on our servers. By submitting your payment information, you authorise us to charge the applicable amount to your nominated payment method.

5.4 Refunds and Cancellations

Our refund and cancellation policy is governed by your rights under the Australian Consumer Law. If a product is faulty, not as described, or fails to meet a consumer guarantee, you may be entitled to a remedy including a refund, replacement, or repair. Discretionary refunds may be considered on a case-by-case basis at our sole discretion. Promotional or discounted items may be subject to separate refund conditions.

If you wish to cancel an order placed online, please contact us promptly. Cancellations may not be possible once your order has been prepared or dispatched for delivery.

6. Intellectual Property Rights

All content on our Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, software, data compilations, and the overall design and layout of the Website (collectively, "Content"), is the property of Guzman y Gomez or its licensors and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), and applicable common law rights.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use our Website and Content solely for personal, non-commercial purposes in connection with using our Services. This licence does not include the right to:

• Copy, reproduce, modify, distribute, publish, or create derivative works from any Content;
• Use our trademarks, trade names, logos, or branding without our prior written consent;
• Remove or alter any copyright, trademark, or proprietary notices from any Content;
• Frame or mirror any Content on another website or platform without authorisation.

Any unauthorised use of our intellectual property may constitute an infringement of our rights and may result in legal action. If you believe that any Content on our Website infringes your intellectual property rights, please contact us at [email protected].

7. Privacy and Data Collection

We are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Our Privacy Policy, available on our Website, explains how we collect, use, disclose, and manage your personal information. By using our Services, you acknowledge and consent to the collection and use of your personal information as described in our Privacy Policy.

We will not sell your personal information to third parties. We may share your information with trusted third-party service providers where necessary to deliver our Services, subject to appropriate data protection obligations.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services, including delivery partners, payment processors, and social media platforms. These links are provided for your convenience only. We do not endorse, control, or assume responsibility for the content, practices, or privacy policies of any third-party websites or services.

Your interactions with third-party platforms are governed by their own terms and conditions and privacy policies. We encourage you to review those terms before providing any personal information or completing any transactions on third-party sites.

9. Disclaimers

9.1 Services Provided "As Is"

To the maximum extent permitted by applicable law, our Website and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not warrant that:

• Our Website or Services will be uninterrupted, error-free, or free from viruses or other harmful components;
• The information on our Website is accurate, complete, or current at all times;
• Any errors or defects on our Website will be corrected;
• Our Website will be compatible with your devices, software, or operating systems.

9.2 Food and Allergen Disclaimers

While we take all reasonable steps to ensure the quality and safety of our food products, we do not warrant that any food item is entirely free from allergens, contaminants, or other substances that may affect individual health conditions. Customers with known food allergies, intolerances, or dietary requirements should exercise caution and contact us directly before placing an order. We accept no liability for adverse reactions resulting from failure to disclose known dietary requirements.

9.3 Consumer Guarantees

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law that cannot be lawfully excluded. Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with goods or services, you are entitled to a replacement or refund, and compensation for any other reasonably foreseeable loss or damage.

10. Limitation of Liability

To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, Guzman y Gomez, its directors, officers, employees, agents, contractors, and licensors shall not be liable for any:

• Indirect, incidental, consequential, special, exemplary, or punitive damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Damage to your computer, device, or software arising from your use of our Website;
• Losses arising from unauthorised access to your account;
• Losses arising from your reliance on information published on our Website;
• Delays or failures in our Services due to circumstances beyond our reasonable control, including but not limited to natural disasters, power outages, labour disputes, or government actions.

Where our liability cannot be excluded under applicable 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 us in the three (3) months immediately preceding the claim.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be lawfully limited or excluded under Australian law.

11. Indemnification

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

• Your use of our Website or Services;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Any content you submit, post, or transmit through our Website;
• Your fraud, wilful misconduct, or negligence;
• Any claim by a third party arising from your actions or omissions in connection with our Services.

We reserve the right to assume exclusive control of the defence of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with our defence of such claims.

12. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the Commonwealth of Australia and, where applicable, the laws of the State or Territory in which your transaction occurs. The following legislation applies to your use of our Services, including but not limited to:

• Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (Schedule 2);
• Privacy Act 1988 (Cth) and the Australian Privacy Principles;
• A New Tax System (Goods and Services Tax) Act 1999 (Cth);
• Electronic Transactions Act 1999 (Cth);
• Copyright Act 1968 (Cth);
• Trade Marks Act 1995 (Cth);
• Applicable State and Territory Fair Trading Acts.

You irrevocably submit to the exclusive jurisdiction of the courts of Australia, including the Federal Court of Australia and the relevant State and Territory Supreme Courts, for the resolution of any dispute arising out of or in connection with these Terms. You waive any objection to the venue of any legal proceedings in these courts.

13. Dispute Resolution

13.1 Informal Resolution

We are committed to resolving disputes in a fair and timely manner. If you have a complaint or concern about our Services, we encourage you to contact us in the first instance by emailing [email protected] with a detailed description of your complaint. We will endeavour to acknowledge your complaint within five (5) business days and work with you to reach a satisfactory resolution.

13.2 Mediation and Alternative Dispute Resolution

If a dispute cannot be resolved through direct negotiation within thirty (30) days of your initial complaint (or such longer period as agreed in writing), either party may refer the dispute to a recognised alternative dispute resolution (ADR) service in Australia, including mediation through the Australian Disputes Centre or a relevant State-based consumer tribunal or fair trading office.

13.3 Consumer Complaints

Australian consumers have the right to lodge complaints with the Australian Competition and Consumer Commission (ACCC) and relevant State and Territory consumer protection agencies where a dispute cannot be resolved directly. Nothing in these Terms limits your right to contact these authorities.

13.4 Legal Proceedings

If the dispute cannot be resolved through informal negotiation or mediation, either party may pursue legal remedies in the appropriate Australian courts as set out in Section 12 of these Terms.

14. Term and Termination

14.1 Term

These Terms remain in full force and effect for as long as you use our Website or Services, or maintain a registered account with us.

14.2 Termination by You

You may terminate your use of our Services at any time by discontinuing access to our Website and, if applicable, deleting or requesting the deletion of your account. To request account deletion, please contact us at [email protected].

14.3 Termination by Us

We reserve the right to suspend or terminate your access to our Website or Services, with or without notice, at our sole discretion, including where:

• You have violated any provision of these Terms;
• We are required to do so by law or a government authority;
• We determine that your conduct is harmful to other users, third parties, or our business;
• We cease operations or discontinue any Service.

14.4 Effect of Termination

Upon termination, your right to use our Services ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law), 13 (Dispute Resolution), and 17 (Severability).

15. Changes to These Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Changes will take effect from the date they are published on our Website at guzmasnygomez.com. The "Last Updated" date at the top of this page will reflect the date of the most recent revision.

We will endeavour to provide reasonable notice of material changes to these Terms by posting a notice on our Website or, where we hold your contact details, by email. Your continued use of our Website or Services after any changes to these Terms constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must cease using our Services. We recommend that you review these Terms periodically to stay informed of any updates.

16. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, floods, fires, earthquakes, pandemics, epidemics, government restrictions, war, terrorism, civil unrest, industrial disputes, power failures, telecommunications failures, or failure of third-party service providers.

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

17. Severability

If any provision of these Terms is found by a court or tribunal of competent jurisdiction to be invalid, illegal, unenforceable, or void under applicable Australian law, 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 invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision of these Terms. The parties agree to replace any invalid or unenforceable provision with a valid provision that most closely reflects the original intent of the severed provision.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other terms, policies, or agreements expressly incorporated by reference, 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, representations, warranties, and understandings, whether oral or written, relating to the subject matter hereof.

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without our prior written consent. Any purported assignment without consent shall be null and void. We may freely assign or transfer our rights and obligations under these Terms at our sole discretion, including in connection with a merger, acquisition, corporate restructure, or sale of assets, without notice to you.

20. Electronic Communications

In accordance with the Electronic Transactions Act 1999 (Cth), you consent to receiving communications from us electronically, including via email, SMS, or notices posted on our Website. You agree that electronic communications satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions in our emails or by contacting us directly.

21. Accessibility

We are committed to making our Website accessible to all users, including those with disabilities. If you experience any difficulty accessing any part of our Website or require information in an alternative format, please contact us at the details provided below and we will endeavour to assist you.

22. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, or if you wish to exercise any of your rights under applicable Australian law, please contact us using the following details:

We endeavour to respond to all enquiries within five (5) business days. For urgent food safety or health concerns, please contact your local State or Territory food safety authority and, where necessary, emergency services.