Terms of Service

Legal terms and conditions for using Guzman y Gomez services

Effective Date: January 1, 2026
Last Updated: January 1, 2026

Important Notice

Please read these Terms of Service carefully before using our website or services. By accessing or using Guzman y Gomez services, you agree to be bound by these terms. If you do not agree to these terms, please do not use our services.

1 Introduction and Acceptance

Welcome to Guzman y Gomez, Australia's premier destination for authentic Mexican cuisine. These Terms of Service ("Terms") constitute a legally binding agreement between you and Guzman y Gomez Pty Ltd, ABN 12 345 678 901 ("Company," "we," "us," or "our") regarding your use of our website, mobile applications, food delivery services, and related services (collectively, "Services").

By accessing, browsing, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Cookie Policy, and all applicable laws and regulations. This agreement takes effect immediately upon your first use of our Services.

Eligibility Requirements

  • You must be at least 18 years of age to use our Services
  • You must have the legal capacity to enter into binding contracts
  • You must provide accurate and complete information when creating an account
  • You must comply with all applicable local, state, and federal laws
  • You must not be prohibited from using our Services under Australian law

Account Responsibility

You are fully responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after any modifications constitutes acceptance of the updated Terms.

2 Definitions

For the purposes of these Terms, the following definitions apply:

  • "Company," "we," "us," or "our" refers to Guzman y Gomez Pty Ltd and its affiliates, subsidiaries, and related entities
  • "You," "your," or "User" refers to any person or entity that accesses or uses our Services
  • "Services" refers to all products, services, features, and functionality provided by Guzman y Gomez, including our website, mobile applications, food delivery, catering, and franchise services
  • "Content" refers to all text, images, graphics, videos, audio, software, and other materials available through our Services
  • "Website" refers to guzmanigomez.com and all associated subdomains and pages
  • "Food Products" refers to all menu items, beverages, and food-related products offered by Guzman y Gomez
  • "Order" refers to any request for Food Products placed through our Services
  • "Delivery Zone" refers to the geographical areas where we provide delivery services

3 Use of Services

3.1 Permitted Use

You may use our Services for personal, non-commercial purposes in accordance with these Terms. Permitted uses include:

  • Browsing our menu and restaurant information
  • Placing orders for Food Products for personal consumption
  • Creating and managing your user account
  • Participating in promotions and loyalty programs
  • Providing feedback and reviews about our services
  • Accessing customer support and assistance

3.2 Prohibited Use

You agree not to use our Services for any of the following prohibited purposes:

  • Any illegal activities or activities that violate applicable laws or regulations
  • Harmful, fraudulent, deceptive, threatening, harassing, defamatory, or abusive behavior
  • Unauthorized access attempts to our systems, servers, or networks
  • Infringement of intellectual property rights of Guzman y Gomez or third parties
  • Distribution of spam, unsolicited communications, or promotional materials
  • Providing false, misleading, or inaccurate information
  • Interference with or disruption of our Services or servers
  • Commercial use without explicit written permission
  • Reverse engineering, decompiling, or attempting to extract source code
  • Circumventing security measures or authentication systems
  • Using automated systems (bots, scrapers) without authorization
  • Reselling or redistributing our Food Products without permission

4 User Accounts

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:

Registration Requirements

  • Provide accurate, current, and complete information about yourself
  • Maintain and promptly update your account information
  • Choose a secure password and keep it confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access

Account Security

You are solely responsible for maintaining the security of your account credentials. We recommend using strong passwords and enabling two-factor authentication when available. We are not liable for any loss or damage arising from your failure to comply with security requirements.

Account Termination

We reserve the right to suspend or terminate your account at our discretion if you violate these Terms, engage in fraudulent activity, or for any other reason. You may also terminate your account at any time by contacting customer support. Upon termination, your right to use our Services ceases immediately.

5 Products and Services

Food Safety and Quality Standards

We are committed to maintaining the highest food safety and hygiene standards in compliance with Australian food safety regulations. All our Food Products are prepared according to HACCP principles and local health department requirements. We regularly conduct quality control checks and staff training to ensure food safety.

Allergen Information and Disclaimers

We provide allergen information for our menu items to the best of our ability. However, we cannot guarantee that our Food Products are completely free from allergens due to potential cross-contamination in our kitchens. If you have severe food allergies, please inform us when placing your order and consult with our staff about ingredient details.

Product Descriptions and Availability

  • We strive to provide accurate descriptions and images of our Food Products
  • Product availability may vary by location and time of day
  • We reserve the right to modify menu items and prices without notice
  • Seasonal items may have limited availability
  • Nutritional information is provided as estimates and may vary

Order Processing and Acceptance

When you place an order through our Services, you are making an offer to purchase Food Products. We reserve the right to accept or decline any order at our discretion. Order confirmation does not guarantee acceptance. We may refuse orders due to product unavailability, delivery zone restrictions, or other operational considerations.

Pricing and Payment Terms

  • All prices are displayed in Australian Dollars (AUD) and include GST
  • Prices may vary between locations and ordering platforms
  • Delivery fees and service charges may apply
  • Payment must be completed before order preparation begins
  • We accept credit cards, debit cards, and digital payment methods
  • Promotional prices and discounts have specific terms and conditions

Delivery Terms and Conditions

  • Delivery is available within our designated Delivery Zones only
  • Estimated delivery times are approximate and may vary due to factors beyond our control
  • Minimum order requirements may apply for delivery service
  • Temperature-sensitive items are delivered in appropriate packaging to maintain quality
  • You must be available to receive your order at the specified delivery address
  • We are not responsible for delayed deliveries due to incorrect address information
  • Delivery personnel have the right to refuse delivery if safety concerns exist

Order Modification and Cancellation

Order modifications or cancellations may be possible within a limited timeframe after order placement. Once food preparation has begun, modifications or cancellations may not be possible. Please contact us immediately if you need to make changes to your order. Refunds for cancelled orders will be processed according to our Refund Policy.

6 Intellectual Property

All intellectual property rights in our Services, including but not limited to trademarks, logos, copyrights, trade secrets, and proprietary information, are owned by or licensed to Guzman y Gomez.

Our Ownership Rights

  • The Guzman y Gomez name, logo, and branding elements are our registered trademarks
  • All website content, including text, images, graphics, and software, is protected by copyright
  • Our recipes, preparation methods, and business processes are proprietary trade secrets
  • All user interfaces, software, and mobile applications are our intellectual property
  • Marketing materials, promotional content, and advertising are protected by copyright

Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes only. This license does not permit you to reproduce, distribute, modify, or create derivative works from our Content without explicit written permission.

User Content License

By submitting reviews, photos, comments, or other content to our Services, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute such content for business purposes, including marketing and promotional activities.

7 User Content

You may have the opportunity to submit content such as reviews, ratings, photos, and comments through our Services. You retain ownership of your content but grant us certain rights as described below.

Content Guidelines

All user content must comply with our community guidelines. Prohibited content includes:

  • Offensive, abusive, or discriminatory language
  • False or misleading information
  • Content that violates privacy or intellectual property rights
  • Spam, promotional content, or commercial solicitations
  • Content that promotes illegal activities
  • Malicious software or harmful code

Content Moderation

We reserve the right to review, edit, or remove user content at our discretion. We do not endorse user content and are not responsible for its accuracy or appropriateness. Content moderation helps maintain a positive community environment for all users.

8 Disclaimers

Our Services are provided on an "as is" and "as available" basis. We make no warranties or representations about the accuracy, completeness, or reliability of our Services.

Service Availability Disclaimer

We do not warrant that our Services will be uninterrupted, error-free, or completely secure. Service interruptions may occur due to maintenance, technical issues, or circumstances beyond our control.

Third-Party Content Disclaimer

Our Services may contain links to third-party websites or content. We are not responsible for the accuracy, completeness, or reliability of third-party content and do not endorse any third-party products or services.

Health and Dietary Disclaimer

Nutritional information and allergen details are provided for informational purposes only and should not be considered professional medical or dietary advice. Please consult with healthcare professionals regarding specific dietary needs or health concerns.

9 Limitation of Liability

To the maximum extent permitted by Australian law, our total liability for any claims arising from or related to your use of our Services shall not exceed the amount you paid for the specific Food Products or services giving rise to the claim.

Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, regardless of the theory of liability.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, or technical failures.

10 Indemnification

You agree to indemnify, defend, and hold harmless Guzman y Gomez, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

  • Your use or misuse of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your user content or submissions
  • Your negligent or unlawful conduct

This indemnification obligation survives termination of these Terms and your use of our Services.

16 Contact Information

If you have any questions about these Terms of Service or need assistance with our Services, please contact us:

Address:
45 Flinders Ln, Melbourne VIC 3000, Australia
Phone:
+61 3 9650 1445
Customer Support Hours:
Monday - Friday: 9:00 AM - 6:00 PM AEST
Saturday - Sunday: 10:00 AM - 4:00 PM AEST
Response Time:
We aim to respond to all inquiries within 24 hours during business days

Legal Notice: These Terms of Service are governed by Australian law. For urgent legal matters, please contact our legal department at [email protected] or reach out through our main contact channels listed above.