Terms of Service

Effective Date: August 5, 2026  |  Last Updated: August 5, 2026

1. Acceptance of Terms

Welcome to Guzman y Gomez. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "Customer", "you", or "your") and Guzman y Gomez ("Company", "we", "us", or "our"), governing your access to and use of the website located at guzmanuugamez.com (the "Website"), as well as any related services, features, content, applications, and functionalities offered by us in connection with the Website (collectively, the "Services").

By visiting, browsing, registering an account on, or otherwise using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, customers, and any other persons who access or use our Website or 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 such entity to these Terms, in which case the terms "you" or "your" shall refer to that entity. If you do not have such authority, you must not accept these Terms or use our Services on behalf of that entity.

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

2. About Guzman y Gomez

Guzman y Gomez is an Australian food service business operating in the quick-service restaurant ("QSR") sector. We specialise in providing fresh, authentic Mexican-inspired food products and related services to our customers across Australia and through our digital platforms.

Our contact details are as follows:

3. Description of Services

Through our Website and associated digital platforms, Guzman y Gomez offers the following services to users:

3.1 Online Food Ordering

We provide an online ordering system through which customers may browse our menu, customise their food orders, and place orders for pick-up or delivery at participating Guzman y Gomez restaurant locations. The availability of specific menu items, prices, and delivery options may vary depending on your location and the participating restaurant outlet.

3.2 Menu Information and Nutritional Content

Our Website provides detailed menu descriptions, pricing information, allergen details, and nutritional information for our food products. While we make every effort to ensure the accuracy of this information, we cannot guarantee that all information is current or error-free at all times. Customers with food allergies or dietary requirements are strongly advised to contact their local restaurant directly before placing an order.

3.3 Loyalty and Rewards Programs

We may offer a loyalty or rewards program through our Website or associated mobile application, allowing registered users to accumulate points, access exclusive promotions, and redeem rewards. Participation in any loyalty program is subject to additional terms and conditions, which will be presented to you at the time of registration or participation.

3.4 Promotions, Offers, and Competitions

From time to time, we may offer promotions, discount offers, competitions, or special deals through our Website. Such offers are subject to specific terms and conditions, which will be displayed at the relevant time. All competitions are conducted in accordance with applicable Australian state and territory legislation governing trade promotions.

3.5 Customer Account Services

Users may create a personal account on our Website to manage their orders, save preferences, and access personalised features. Account registration requires accurate and complete information, and users are responsible for maintaining the confidentiality of their login credentials.

3.6 Catering and Group Orders

We may offer catering or large group ordering services through our Website or upon direct enquiry. Such services are subject to availability, minimum order requirements, and additional terms communicated at the time of booking.

4. Eligibility and User Obligations

4.1 Eligibility

To use our Website and Services, you must be at least 18 years of age, or if you are under 18, you must have the consent of a parent or legal guardian who agrees to these Terms on your behalf. By using our Services, you represent and warrant that you meet the applicable eligibility requirements.

4.2 Account Registration

Where you choose to create an account with us, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Keep your account password secure and confidential;
• Notify us immediately upon discovering any unauthorised use of your account or any other security breach by contacting us at [email protected];
• Accept responsibility for all activities that occur under your account, whether or not authorised by you.

4.3 General User Obligations

When using our Website or Services, you agree to:

• Comply with all applicable laws and regulations of the Commonwealth of Australia and the relevant State or Territory in which you are located;
• Use our Website and Services only for lawful purposes and in a manner consistent with these Terms;
• Provide honest and accurate information when placing orders or interacting with our Services;
• Respect the intellectual property rights of Guzman y Gomez and any third parties;
• Treat our staff, representatives, and other users with courtesy and respect.

5. Prohibited Activities

You agree that you will not engage in any of the following prohibited activities in connection with your use of our Website or Services:

• Fraudulent Conduct: Submitting false, fraudulent, or misleading orders, reviews, or information, including fraudulent payment details or chargeback claims without legitimate basis;
• Unauthorised Access: Attempting to gain unauthorised access to our systems, databases, servers, or networks, or to the accounts of other users;
• Scraping and Data Mining: Using automated tools, bots, spiders, or scrapers to collect data from our Website without our prior written consent;
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works of any content from our Website without our express written authorisation;
• Malicious Software: Uploading, transmitting, or distributing any virus, malware, ransomware, or any other harmful or disruptive code to our Website or systems;
• Interference: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that interferes with the proper working of our Website or Services;
• Harassment and Abuse: Engaging in any conduct that is defamatory, abusive, harassing, threatening, obscene, or otherwise objectionable toward our staff, employees, or other users;
• Misrepresentation: Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Spam and Unsolicited Communications: Using our Website or Services to send unsolicited commercial communications (spam) or to engage in any form of phishing;
• Unlawful Use: Using our Services in violation of any applicable local, state, national, or international law or regulation;
• Reselling: Reselling, sublicensing, or commercially exploiting our Services without our express prior written approval;
• Circumventing Security: Attempting to circumvent any security measures, access controls, or content filtering mechanisms implemented on our Website.

We reserve the right to investigate suspected violations of these Terms and to take appropriate action, including suspending or terminating your account, reporting conduct to law enforcement authorities, and seeking available legal remedies.

6. Intellectual Property Rights

6.1 Ownership

All content, materials, and features available through our Website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall look and feel of our Website (collectively, the "Content"), are the exclusive property of Guzman y Gomez or our licensors and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Trademarks

The name "Guzman y Gomez", our logo, and all related names, logos, product and service names, designs, and slogans are trademarks or registered trademarks of Guzman y Gomez or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Website are the trademarks of their respective owners.

6.3 Limited Licence to Use

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

• Modify or copy the materials;
• Use the materials for any commercial purpose or for any public display (commercial or non-commercial);
• Attempt to decompile or reverse engineer any software contained on our Website;
• Remove any copyright or other proprietary notations from the materials;
• Transfer the materials to another person or "mirror" the materials on any other server.

6.4 User-Generated Content

If you submit, post, or otherwise make available any content (including reviews, comments, photographs, or feedback) to our Website or social media pages ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any third-party intellectual property rights.

7. Payment Terms

7.1 Pricing

All prices displayed on our Website are quoted in Australian Dollars (AUD) and are inclusive of applicable Goods and Services Tax (GST) at the current rate of 10%, as required under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), unless otherwise stated.

7.2 Payment Methods

We accept a variety of payment methods as indicated on our Website at the time of checkout. By providing your payment information, you represent and warrant that you are authorised to use the designated payment method and that you authorise us to charge your payment method for the total amount of your order, including any applicable delivery fees, service charges, or surcharges.

7.3 Order Confirmation

Upon successful placement and payment of an order, you will receive an order confirmation via email or through the Website. This confirmation constitutes acceptance of your order. We reserve the right to cancel or refuse any order at our sole discretion, including in cases where there is a pricing error, items are unavailable, or we suspect fraudulent activity.

7.4 Refunds and Returns

Our refund and return policy is governed by the Australian Consumer Law (ACL). You may be entitled to a remedy (including a refund, repair, or replacement) if our food products are not of acceptable quality, do not match their description, or are not fit for their intended purpose. To request a refund or remedy, please contact us at [email protected] with your order details and a description of the issue. We will assess your request in accordance with our obligations under the ACL.

7.5 Delivery Fees

Where delivery services are offered, applicable delivery fees will be clearly disclosed at the time of checkout before you confirm your order. Delivery fees are subject to change and may vary based on your location, order value, and the time of ordering.

8. Australian Consumer Law Guarantees

Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the ACL that cannot lawfully be excluded or limited. Our liability for any breach of a guarantee under the ACL that cannot be excluded is limited to the extent permitted by the ACL.

9. Limitation of Liability

9.1 General Limitation

To the maximum extent permitted by applicable law, including the Australian Consumer Law, Guzman y Gomez, its directors, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or 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;
• Any conduct or content of any third party on or related to our Website;
• Any content obtained from our Website;
• Unauthorised access, use, or alteration of your transmissions or content;
• Any interruption, suspension, or termination of our Website or Services.

9.2 Aggregate Liability Cap

To the fullest extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of our Services shall not exceed the total amount you have paid to us for the specific order or service giving rise to the claim in the twelve (12) months preceding the claim.

9.3 Essential Terms

The limitations of liability set out in this clause reflect a fair allocation of risk between you and us, and form an essential basis of the bargain between the parties. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

10. Disclaimers

10.1 As-Is Basis

Our Website and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, except as expressly set out in these Terms or as required by applicable law. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 No Warranty of Accuracy

While we strive to ensure that the information on our Website is accurate and up to date, we make no representations or warranties that the content of our Website is accurate, complete, reliable, current, or error-free. Menu items, prices, and availability are subject to change without notice.

10.3 Allergen and Dietary Information

We provide allergen and dietary information on our Website as a general guide. However, our food products are prepared in kitchens that handle a wide range of ingredients, and we cannot guarantee that any menu item is entirely free from allergens. Customers with severe allergies or specific dietary requirements should exercise caution and are advised to speak directly with our restaurant staff before consuming any product. Guzman y Gomez shall not be liable for any allergic reaction or adverse health event arising from the consumption of our food products.

10.4 Third-Party Links

Our Website may contain links to third-party websites 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, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party websites you visit.

10.5 Website Availability

We do not warrant that our Website will be uninterrupted, timely, secure, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Website for business or operational reasons at any time and without prior notice.

11. Indemnification

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

• Your violation of these Terms;
• Your use of our Website or Services in a manner not authorised by these Terms;
• Your violation of any applicable law or regulation;
• Your infringement or misappropriation of any intellectual property or other rights of any third party;
• Any content you submit, post, or transmit through our Website;
• Your fraud, wilful misconduct, or negligence;
• Any dispute between you and any other user of our Website or Services.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims. You will not settle any claim without our prior written consent.

12. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is available on our Website and is incorporated into these Terms by reference. By using our Website and Services, you consent to our collection and use of your personal information as described in our Privacy Policy.

We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in relation to our handling of your personal information. If you have any concerns about your privacy or how we handle your personal data, please contact us at [email protected].

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and the laws of the relevant State or Territory in which the relevant Guzman y Gomez entity is registered and operates.

You irrevocably submit to the exclusive jurisdiction of the courts of Australia, and any courts competent to hear appeals from those courts, with respect to any dispute or claim arising under or in connection with these Terms. Nothing in this clause limits our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

These Terms are subject to, and our liability to you may be affected by, the following key pieces of Australian legislation (without limitation):

• Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (Schedule 2);
• Privacy Act 1988 (Cth);
• Electronic Transactions Act 1999 (Cth);
• A New Tax System (Goods and Services Tax) Act 1999 (Cth);
• Food Standards Australia New Zealand Act 1991 (Cth);
• Applicable State and Territory food safety legislation.

14. Dispute Resolution

14.1 Informal Resolution

We are committed to resolving disputes in a fair, efficient, and cost-effective manner. If you have a dispute, complaint, or concern relating to our Services or these Terms, you should first contact us informally by sending an email to [email protected] with full details of your complaint. We will use reasonable endeavours to respond to and resolve your complaint within fourteen (14) business days of receipt.

14.2 Mediation

If we are unable to resolve a dispute through informal negotiations within thirty (30) days of your initial complaint, either party may elect to refer the dispute to mediation before a mutually agreed mediator or, failing agreement on a mediator, a mediator appointed by the Australian Disputes Centre (ADC) or a comparable dispute resolution body. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

14.3 Legal Proceedings

If mediation does not resolve the dispute, either party may pursue the matter through the appropriate courts of Australia, or through the relevant external dispute resolution body, including but not limited to the Australian Competition and Consumer Commission (ACCC) or the relevant State or Territory consumer affairs body, as applicable.

14.4 Small Claims

Nothing in this clause prevents either party from bringing a claim in a small claims tribunal or court of competent jurisdiction in Australia for disputes falling within the applicable monetary threshold for such jurisdiction.

15. Term and Termination

15.1 Duration

These Terms commence on the date you first access or use our Website and shall continue in full force and effect for as long as you continue to use our Website or maintain an account with us, unless terminated earlier in accordance with these Terms.

15.2 Termination by You

You may terminate your account or cease using our Website and Services at any time by contacting us at [email protected] and requesting account deletion. Please note that any outstanding orders or obligations at the time of termination shall remain subject to these Terms until fully resolved.

15.3 Termination by Us

We reserve the right, at our sole and absolute discretion, to suspend or terminate your access to our Website and Services, and/or to close your account, at any time and for any reason, with or without prior notice, including (without limitation) if:

• You have breached any provision of these Terms;
• You engage in conduct that we reasonably consider to be fraudulent, harmful, abusive, or unlawful;
• We are required to do so by law or by a regulatory authority;
• We determine that it is in our legitimate business interests to do so;
• We cease to operate our Website or Services.

15.4 Effect of Termination

Upon termination of these Terms or your account for any reason:

• Your licence to use our Website and Services will immediately cease;
• You must immediately cease all use of our Website and Services;
• All provisions of these Terms that by their nature should survive termination shall survive, including Intellectual Property Rights, Payment Terms, Limitation of Liability, Disclaimers, Indemnification, Governing Law, and Dispute Resolution.

16. Changes to These Terms

We reserve the right to modify, update, or replace any part of these Terms at any time and at our sole discretion. Any changes to these Terms will become effective upon posting the updated Terms to our Website at guzmanuugamez.com, unless a later date is specified in the updated Terms.

We will endeavour to notify you of material changes to these Terms by posting a prominent notice on our Website, or by sending an email notification to the email address associated with your account, prior to the changes taking effect. However, we encourage you to review these Terms periodically to stay informed of any updates.

Your continued use of our Website or Services after the effective date of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using our Website and Services and, if applicable, close your account.

17. Severability

If any provision of these Terms is found by any court of competent jurisdiction or any regulatory or administrative authority to be unlawful, void, invalid, unenforceable, or in conflict with applicable law, that provision shall be deemed severed from these Terms to the minimum extent necessary, and the remainder of these Terms shall remain in full force and effect to the maximum extent permitted by law. The parties agree to use their best endeavours to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the same economic, legal, and commercial effect as the severed provision.

18. Waiver

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. A waiver of any breach of any provision of these Terms shall not be deemed to be a continuing waiver or a waiver of any other or subsequent breach. No single or partial exercise of any right, power, or remedy by us shall preclude any other or further exercise of that right, power, or remedy or the exercise of any other right, power, or remedy.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies, guidelines, or additional terms posted on our Website or communicated to you in connection with specific services or promotions, 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 understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

20. Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, fire, flood, earthquake, war, terrorism, governmental actions, civil disturbances, industrial disputes, power failures, internet outages, or failure of third-party service providers. In such circumstances, our obligations shall be suspended for the duration of the force majeure event, and we shall use reasonable endeavours to notify you of the situation and to resume our obligations as soon as reasonably practicable.

21. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms, in whole or in part, at any time without your consent, including in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets. Any attempted assignment in violation of this clause shall be null and void.

22. Relationship of the Parties

Nothing in these Terms shall create or be deemed to create a partnership, joint venture, employment relationship, franchise, or agency between you and Guzman y Gomez. You have no authority to bind us in any way, and you shall not represent yourself as our agent, employee, partner, or representative.

23. Electronic Communications and Consent

By using our Website and Services, you consent to receiving electronic communications from us, including but not limited to notices, disclosures, order confirmations, receipts, promotional materials, and other information relating to our Services. You agree that all electronic communications we send you satisfy any legal requirement that such communications be in writing. In accordance with the Electronic Transactions Act 1999 (Cth), electronic agreements and signatures are valid and binding to the same extent as handwritten signatures or paper-based documents.

24. Feedback

We welcome your comments, feedback, suggestions, and ideas about our products and services. If you choose to submit feedback to us, you acknowledge and agree that we are free to use, disclose, reproduce, modify, distribute, and exploit your feedback in any manner, without any restriction or compensation to you. You waive any rights you may have in the feedback to the extent necessary for us to use it in accordance with this clause.

25. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a breach of these Terms, please contact us using the details below:

We aim to respond to all legitimate enquiries within fourteen (14) business days of receipt. For urgent matters relating to food safety, please contact the relevant Australian food safety authority or call emergency services if there is an immediate risk to health or safety.