Terms of Service

Please read these Terms of Service carefully before using the website guzmasygomez.com or any services offered by Guzman y Gomez. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services.

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"), the operator of the website located at guzmasygomez.com ("Website"). By accessing, browsing, or using this Website, placing an order for food or beverages, registering for an account, participating in any loyalty or rewards program, or otherwise interacting with us through any channel, you acknowledge that you have read, understood, and agreed to be bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference.

If you are using our Website or 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 as an individual and that entity.

We reserve the right to update or amend these Terms at any time. Continued use of our Website or services after any changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

These Terms apply to all visitors, users, and others who access or use our Website, mobile application, in-store ordering systems, delivery services, and any other services we provide (collectively, "Services").

2. About Guzman y Gomez

Guzman y Gomez is a food and beverage company operating within Australia, offering Mexican-inspired quick-service restaurant meals, snacks, beverages, and related food products. Our Services include but are not limited to:

• In-restaurant dining, takeaway, and drive-through services at our physical locations across Australia;
• Online ordering through our Website at guzmasygomez.com;
• Mobile application ordering and management;
• Third-party delivery platform integrations;
• Catering and group meal ordering services;
• Loyalty and rewards programs;
• Promotional campaigns, competitions, and special offers;
• Customer support and account management services.

For any inquiries regarding our Services, you may contact us at:

3. Eligibility

To use our Website and Services, you must:

• Be at least 13 years of age. If you are under 18 years of age, you must have the consent of a parent or legal guardian to use our Services;
• Have the legal capacity to enter into a binding contract under Australian law;
• Not be prohibited from using our Services under any applicable laws or regulations;
• Provide accurate, complete, and up-to-date information when creating an account or placing an order.

By using our Services, you represent and warrant that you meet all of the above eligibility requirements. If we discover that you do not meet these requirements, we reserve the right to terminate your access to our Services immediately.

4. User Accounts and Registration

Some features of our Services may require you to create a user account. When registering for an account, you agree to:

• Provide truthful, accurate, and complete information during the registration process;
• Keep your account credentials, including your password, secure and confidential;
• Not share your account with any third party;
• Promptly notify us if you become aware of any unauthorised use of your account or any other security breach;
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate your account at our sole discretion if we reasonably believe that you have violated these Terms or engaged in fraudulent, abusive, or unlawful activity. We will not be liable for any loss or damage arising from your failure to comply with this section.

5. Description of Services and Food Products

Guzman y Gomez offers a range of food and beverage products through our restaurant locations and digital ordering platforms. All food and beverage items are subject to availability and may vary by location. We reserve the right to modify, discontinue, or change our menu items, prices, and promotional offerings at any time without prior notice.

5.1 Online Ordering

Our Website and mobile application enable customers to browse our menu, customise orders, and submit orders for pickup or delivery. When you place an order online, you are making an offer to purchase the specified food items, subject to acceptance by us. We reserve the right to refuse or cancel any order at our discretion, including in circumstances where there is a pricing error, product unavailability, suspected fraud, or where these Terms have been breached.

5.2 Delivery Services

Where delivery services are offered, they may be fulfilled by Guzman y Gomez directly or through third-party delivery partners. Delivery times are estimates only and may vary based on distance, traffic, weather conditions, and demand. We do not guarantee delivery within any specified timeframe. Third-party delivery partners operate under their own terms and conditions, and we are not responsible for the actions or omissions of such third parties.

5.3 Allergen and Dietary Information

We take the health and safety of our customers seriously. Allergen and dietary information is made available on our Website and in our restaurants. However, our kitchens handle a wide variety of ingredients, and cross-contamination cannot be entirely ruled out. It is your responsibility to inform our staff of any allergies or dietary requirements before ordering. We cannot guarantee that any item is free from allergens. For detailed allergen information, please contact us directly at [email protected].

6. User Obligations and Prohibited Activities

As a user of our Website and Services, you agree to use them only for lawful purposes and in accordance with these Terms. You must not:

• Use the Website or Services in any way that violates any applicable local, state, national, or international law or regulation, including but not limited to the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth), and the Spam Act 2003 (Cth);
• Engage in any conduct that is fraudulent, deceptive, misleading, or dishonest;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Submit false, inaccurate, or misleading information in any order, registration, or communication;
• Attempt to gain unauthorised access to our systems, servers, or databases;
• Transmit any harmful, offensive, defamatory, obscene, or unlawful content through our Website;
• Use any automated system, robot, spider, scraper, or other automated means to access our Website or collect data from it without our express written permission;
• Interfere with or disrupt the integrity or performance of our Website or Services;
• Use our Website or Services for any commercial purpose other than for the personal purchase of food and beverages, without our prior written consent;
• Attempt to reverse engineer, decompile, or disassemble any software or technology underlying our Website;
• Engage in any conduct that may harm the reputation, goodwill, or commercial interests of Guzman y Gomez;
• Encourage or facilitate any other person to engage in any of the above activities.

We reserve the right to investigate any suspected violation of these Terms and to take appropriate legal action, including reporting to law enforcement authorities and seeking injunctive or other equitable relief.

7. Payment Terms

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

7.1 Payment Methods

We accept various payment methods, including major credit cards, debit cards, digital wallets, and any other payment methods displayed on our Website at the time of purchase. By providing payment information, you represent and warrant that you are authorised to use the designated payment method.

7.2 Order Confirmation and Processing

An order is only confirmed and accepted once you receive an order confirmation from us. We reserve the right to decline or cancel any order at any time before it is confirmed, including where payment cannot be processed, where there is a pricing error, or where products are unavailable. If we cancel an order after payment has been processed, we will issue a full refund to your original payment method within a reasonable timeframe.

7.3 Pricing Errors

In the event of a pricing error on our Website, we reserve the right to cancel any orders placed at the incorrect price. We will notify you of any such cancellation and provide a full refund if payment has been made. We are not obligated to fulfill orders at an incorrect price, even after an order confirmation has been issued.

7.4 Refunds and Returns

Our refund and return policy is governed by the Australian Consumer Law (ACL). You are entitled to a remedy under the ACL if a product is faulty, not of acceptable quality, not fit for purpose, or does not match its description. Refund requests should be directed to our customer service team at [email protected]. Please note that due to the perishable nature of food products, we may not be able to accept returns in all circumstances.

8. Intellectual Property Rights

All content on our Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the selection and arrangement thereof (collectively, "Content"), is the property of Guzman y Gomez or its content suppliers and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and applicable trademark laws.

The Guzman y Gomez name, logo, and all related product names, design marks, and slogans are trademarks or registered trademarks of Guzman y Gomez in Australia and other jurisdictions. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Guzman y Gomez.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our Website for the sole purpose of placing orders and using our Services for your personal, non-commercial use. This licence does not include any rights to:

• Reproduce, copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any Content from our Website;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download or copy any account information for the benefit of any third party;
• Use our Content for any commercial purpose without our express written consent.

If you believe that any content on our Website infringes your intellectual property rights, please contact us at [email protected] with detailed information about the alleged infringement.

9. Third-Party Links and Services

Our Website 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, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit. Your use of any third-party website is at your own risk and is subject to the terms and conditions of those third parties.

10. Disclaimers — Services Provided "As Is"

To the fullest extent permitted by applicable law, including the Australian Consumer Law, 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. Guzman y Gomez expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Website will be uninterrupted, error-free, or free from viruses or other harmful components;
• Warranties regarding the accuracy, reliability, completeness, or timeliness of any content on the Website;
• Warranties that defects will be corrected or that the Website or server are free of viruses or other harmful components.

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement. To the extent that we are permitted by law to limit our liability for breach of such consumer guarantees, our liability is limited to, at our option, the supply of the services again or the payment of the cost of having the services supplied again.

11. Limitation of Liability

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

• Indirect, incidental, special, consequential, punitive, or exemplary damages;
• Loss of profits, revenue, data, goodwill, or other intangible losses;
• Damages resulting from your use of or inability to use our Website or Services;
• Damages resulting from any unauthorised access to or alteration of your transmissions or data;
• Damages resulting from the conduct of any third party in connection with the Services;
• Damages resulting from any food product consumed, including any adverse health effects, save to the extent required by the Australian Consumer Law.

Where liability cannot be excluded under the Australian Consumer Law or any other applicable legislation, our total liability to you in connection with these Terms and the Services, for any and all claims, shall not exceed the amount paid by you to us in the twelve (12) months preceding the event giving rise to the claim, or AUD $100.00, whichever is greater.

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

12. Indemnification

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

• Your violation of these Terms;
• Your use of our Website or Services, including but not limited to any content you submit, post, or transmit;
• Your violation of any applicable law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Your fraud, negligence, or wilful misconduct;
• Any claim by a third party arising from your actions or omissions in connection with the Services.

We reserve the right, at your expense, to assume exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defences.

13. Privacy and Data Protection

The 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. We are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) contained therein.

By using our Website and Services, you consent to the collection and use of your personal information as described in our Privacy Policy. If you do not agree with our Privacy Policy, you must not use our Website or Services.

14. Loyalty and Rewards Programs

We may offer loyalty rewards programs, promotions, or other incentive schemes from time to time ("Rewards Program"). Participation in any Rewards Program is voluntary and subject to the specific terms and conditions applicable to that program, which will be made available to you at the time of enrolment or when the promotion is launched. We reserve the right to modify, suspend, or terminate any Rewards Program at any time, with or without notice, and to change the terms and conditions applicable to any Rewards Program. Rewards points or credits have no monetary value and cannot be exchanged for cash.

15. Governing Law and Jurisdiction

These Terms 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. You agree that any legal action, proceeding, or dispute arising out of or in connection with these Terms or your use of our Website and Services shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, and you irrevocably submit to the personal jurisdiction of those courts.

To the extent that any provision of these Terms is inconsistent with the mandatory provisions of the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth), or any other applicable Australian federal or state legislation, those mandatory provisions shall prevail.

16. Dispute Resolution

We are committed to resolving any disputes fairly and efficiently. Before commencing any formal legal proceedings, you agree to attempt to resolve any dispute with us informally by contacting us first at [email protected]. We will make reasonable efforts to resolve the dispute within thirty (30) days of receiving your notice.

16.1 Mediation

If the dispute cannot be resolved informally within thirty (30) days (or such longer period as agreed by both parties), either party may refer the dispute to mediation before commencing litigation. Mediation shall be conducted in New South Wales, Australia, in accordance with the mediation rules of the Australian Disputes Centre (ADC) or another mutually agreed mediation body. The costs of mediation shall be shared equally between the parties unless the mediator determines otherwise.

16.2 Australian Consumer Law Rights

Nothing in this dispute resolution clause limits your rights under the Australian Consumer Law, including your right to make a complaint to the Australian Competition and Consumer Commission (ACCC) or a relevant state or territory consumer protection agency.

16.3 Small Claims

Notwithstanding the above, either party may bring a claim in a court of competent jurisdiction for small claims or claims for urgent injunctive or equitable relief.

17. Term and Termination

These Terms shall remain in full force and effect while you use our Website or Services. We may, in our sole discretion, with or without notice, and without incurring any liability to you:

• Suspend or terminate your access to all or part of our Website or Services;
• Delete your account and any associated data;
• Prohibit you from accessing our Website or Services in the future;
• Take any other appropriate action to enforce our rights under these Terms.

Grounds for termination include, but are not limited to, breach of these Terms, fraudulent activity, abusive behaviour toward our staff or other customers, or any conduct that we reasonably consider to be harmful to us, our customers, or third parties.

Upon termination, all licences and rights granted to you under these Terms will immediately cease. Sections that by their nature should survive termination shall survive, including Sections 8 (Intellectual Property Rights), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 15 (Governing Law and Jurisdiction), and 16 (Dispute Resolution).

18. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or through a notice on our Website. Your continued use of our Website or Services after any changes to these Terms constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must stop using our Website and Services immediately.

19. Force Majeure

We 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, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, government action or regulation, strikes or industrial action, power outages, internet or telecommunications failures, or any other event of force majeure. In such circumstances, we will use reasonable endeavours to resume normal operations as soon as practicable.

20. 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, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any single provision.

The parties agree that any invalid or unenforceable provision should be construed, to the greatest extent possible, in a manner consistent with the original intent of the parties as reflected in these Terms.

21. Waiver

No failure or delay by Guzman y Gomez in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise of that right, power, or privilege, or the exercise of any other right, power, or privilege. Any waiver by us of any breach of these Terms shall not be construed as a waiver of any subsequent breach.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us 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 agreements, representations, negotiations, and understandings between you and us relating to the subject matter hereof, whether written or oral.

If there is any inconsistency between these Terms and any other document or communication from us, these Terms shall prevail to the extent of any inconsistency, unless otherwise expressly agreed in writing by us.

23. Assignment

You may not assign, transfer, or delegate 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 at our sole discretion, including in connection with a merger, acquisition, corporate restructure, or sale of all or substantially all of our assets. Any purported assignment by you in violation of this clause shall be null and void.

24. Compliance with Australian Consumer Law

Guzman y Gomez is committed to full compliance with the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Under the ACL, consumers have certain statutory rights and guarantees that cannot be excluded, restricted, or modified by contract. These include guarantees that goods will be of acceptable quality, fit for purpose, and match their description, and that services will be provided with due care and skill.

Nothing in these Terms is intended to limit or exclude any right or remedy you may have under the ACL or any other applicable Australian consumer protection legislation. If you believe we have failed to comply with any consumer guarantee, please contact us at [email protected] so that we can address your concern promptly.

25. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or our Services, please contact us using the details below. We will endeavour to respond to all enquiries within a reasonable timeframe.

These Terms of Service were last updated on July 19, 2026. Guzman y Gomez reserves the right to update these Terms at any time. Please check this page regularly for the most current version.