Terms of Service

Effective Date: April 8, 2026  |  Last Updated: April 8, 2026

1. Acceptance of Terms

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"), the owner and operator of the website guzmaanygomez.com (the "Website") and all associated food service operations.

By accessing, browsing, or using our Website, placing an order, visiting any of our restaurant locations, using our mobile application, or engaging with any of our services in any manner, you confirm your unconditional acceptance of these Terms. These Terms apply to all visitors, users, customers, and others who access or use our services.

Your continued use of our services following the posting of any updates or changes to these Terms constitutes your acceptance of those changes. We recommend that you revisit these Terms periodically to stay informed of any updates.

These Terms are governed by and construed in accordance with the laws of Australia, including the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), the Privacy Act 1988 (Cth), and all other applicable Commonwealth and state legislation. Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy that cannot lawfully be excluded under applicable Australian law.

2. About Guzman y Gomez

Guzman y Gomez is an Australian food and restaurant business operating physical dining locations, drive-throughs, takeaway services, online ordering platforms, delivery services, and catering services throughout Australia. Our contact information is as follows:

3. Description of Services

Guzman y Gomez provides the following services (collectively referred to as the "Services"):

• Dine-In Services: Customers may visit our restaurant locations throughout Australia to enjoy freshly prepared Mexican-inspired food and beverages on-site.
• Takeaway and Drive-Through: Customers may place orders for pick-up at designated takeaway counters or drive-through windows at participating locations.
• Online Ordering: Customers may place food and beverage orders via our Website or authorised third-party platforms for pick-up or delivery.
• Delivery Services: We offer food delivery through our own platform and through authorised third-party delivery partners, subject to availability, delivery area, and applicable fees.
• Catering Services: We offer catering packages for events, corporate functions, and group orders, subject to separate terms and conditions and prior arrangement.
• Loyalty and Rewards Programmes: We may offer loyalty programmes, promotional offers, gift cards, and reward schemes from time to time, each subject to their own specific terms and conditions.
• Informational Services: Our Website provides general information about our menu, nutritional data, restaurant locations, trading hours, promotions, and news.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

4. Eligibility and User Obligations

4.1 Eligibility

To use our Services, you must be at least 18 years of age, or if you are between 13 and 17 years of age, you must have the express consent of a parent or legal guardian. By using our Services, you represent and warrant that you meet these eligibility requirements. If you are using our Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

4.2 Account Registration

Certain features of our Services may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] if you become aware of any unauthorised use of your account.

4.3 User Obligations

When using our Services, you agree to:

• Comply with all applicable Australian laws, regulations, and these Terms;
• Provide truthful, accurate, and complete information when placing orders or creating an account;
• Use the Website and Services only for lawful purposes and in a manner that does not infringe the rights of others;
• Respect the safety and comfort of other customers and our staff members at all physical locations;
• Pay all applicable charges, fees, and taxes associated with your orders;
• Ensure that any delivery address provided is accurate and accessible;
• Not resell, redistribute, or commercially exploit any portion of our Services without our prior written consent.

4.4 Prohibited Activities

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

• Using our Website or Services for any fraudulent, deceptive, misleading, or unlawful purpose;
• Attempting to gain unauthorised access to our systems, servers, databases, or any connected networks;
• Introducing viruses, trojans, worms, malware, spyware, ransomware, or any other harmful or disruptive code;
• Scraping, harvesting, or systematically extracting data from our Website without our express written permission;
• Impersonating any person, company, or entity, including Guzman y Gomez employees or representatives;
• Using automated tools, bots, scripts, or spiders to access or interact with our Website;
• Engaging in any conduct that harasses, threatens, intimidates, or causes harm to our staff, other customers, or third parties;
• Posting or transmitting unsolicited commercial communications (spam) through our platforms;
• Attempting to reverse-engineer, decompile, or disassemble any software or technology underlying our Website;
• Using our intellectual property, branding, or content without our prior written authorisation;
• Making false or fraudulent orders or complaints;
• Engaging in any conduct that could damage, disable, overburden, or impair the functionality of our Website or servers.

We reserve the right to suspend or permanently terminate your access to our Services if we determine, at our sole discretion, that you have engaged in any prohibited activity.

5. Ordering, Payment, and Pricing

5.1 Orders

All orders placed through our Website or in-restaurant are subject to availability and acceptance. We reserve the right to refuse or cancel any order at any time, including after confirmation, for reasons including but not limited to: unavailability of menu items, errors in pricing or description, suspected fraudulent activity, or inability to verify payment. If we cancel an order after payment has been received, we will issue a full refund using the same payment method.

5.2 Pricing

All prices displayed on our Website or at our restaurant locations are quoted in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable, unless otherwise stated. Prices are subject to change without notice. Menu items and prices may vary between locations and ordering channels. Delivery fees, service fees, and other applicable charges will be clearly disclosed prior to the completion of your order.

5.3 Payment

We accept various payment methods including credit cards, debit cards, contactless payment, digital wallets, and other methods as indicated at the point of sale or checkout. By submitting payment information, you represent that you are authorised to use the selected payment method. All payment transactions are processed through secure, third-party payment processors. We do not store your full credit or debit card details on our servers.

5.4 Refunds and Cancellations

Our refund and cancellation policy complies with the consumer guarantees and remedies available under the Australian Consumer Law. If a product or service fails to meet a consumer guarantee, you may be entitled to a remedy. For change-of-mind cancellations or disputes regarding order accuracy, please contact us at [email protected] within a reasonable time. Refunds, where applicable, will be processed within a reasonable timeframe using the original payment method.

6. Food Allergens and Dietary Requirements

Customers with food allergies, intolerances, or specific dietary requirements are strongly advised to:

• Review the allergen and nutritional information available on our Website or in-restaurant before ordering;
• Inform our staff of any allergies or dietary requirements at the time of ordering;
• Exercise personal judgment and caution when consuming our products.

Guzman y Gomez accepts no liability for any adverse health reactions arising from allergens or dietary concerns where the customer has not disclosed their requirements or where reasonable precautions have been taken. Nothing in this clause is intended to limit any rights you may have under the Australian Consumer Law.

7. Intellectual Property Rights

All content on the Website and associated with our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, menu designs, brand elements, trade names, trademarks, service marks, software, and the overall look and feel of the Website ("Intellectual Property"), is owned by or licensed to Guzman y Gomez and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth).

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use our Website and its content solely for your personal, non-commercial use in connection with our Services. This licence does not permit you to:

• Copy, reproduce, duplicate, distribute, republish, or transmit any part of our content without our prior written consent;
• Modify, adapt, translate, or create derivative works based on our content;
• Use our trademarks, logos, or brand elements for any commercial purpose without authorisation;
• Remove or alter any proprietary notices, labels, or watermarks on our content;
• Frame or mirror any portion of our Website without our express written consent.

Any unauthorised use of our Intellectual Property may result in civil and/or criminal liability under applicable Australian law. All rights not expressly granted in these Terms are reserved by Guzman y Gomez.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or platforms (including delivery partners, payment processors, and social media platforms) that are not owned or controlled by Guzman y Gomez. These links are provided for your convenience only. We have no control over and assume no responsibility for the content, privacy policies, terms, or practices of any third-party websites or services.

We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit. The inclusion of any link does not imply our endorsement of the linked website. You access third-party websites at your own risk.

9. Disclaimers and "As-Is" Basis

To the maximum extent permitted by applicable law, our Website and Services are provided on an "as-is" and "as-available" basis, without any warranty of any kind, whether express, implied, statutory, or otherwise. We expressly disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties regarding the accuracy, reliability, completeness, timeliness, or suitability of any content or information on the Website;
• Warranties that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components;
• Warranties regarding the results obtained from the use of our Services.

We do not warrant that any errors or defects on the Website will be corrected. We make no warranties with respect to the nutritional accuracy of information provided, as menu items and preparation methods may vary by location.

Important: Nothing in this section is intended to exclude, restrict, or modify any guarantee, right, or remedy that you have under the Australian Consumer Law or other applicable consumer protection legislation that cannot lawfully be excluded. Where such statutory rights apply, our liability is limited to the fullest extent permitted by law.

10. Limitation of Liability

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

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Damages arising from your inability to access or use our Website or Services;
• Damages arising from unauthorised access to or alteration of your data or transmissions;
• Damages arising from the conduct or content of any third party on or via our Services.

Where our liability cannot be excluded under applicable law, our total aggregate liability to you for any claims arising out of or in connection with these Terms or our Services shall not exceed the amount actually paid by you for the specific order or service giving rise to the claim in the twelve (12) months preceding the claim.

This limitation of liability applies regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), statute, or otherwise, and even if we have been advised of the possibility of such damages.

The Australian Consumer Law provides consumer guarantees that cannot be excluded. If you are a consumer within the meaning of the Australian Consumer Law, these limitations do not apply to the extent they conflict with your statutory rights.

11. Indemnification

You agree to indemnify, defend, and hold harmless Guzman y Gomez and its officers, directors, employees, agents, contractors, licensors, service providers, 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 or breach of these Terms;
• Your use or misuse of our Website or Services;
• Your violation of any applicable law or regulation;
• Your infringement of any third-party rights, including intellectual property rights or privacy rights;
• Any content or information you submit, post, or transmit through our Website or Services;
• Your negligence or wilful misconduct.

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 agree not to settle any such matter without our prior written consent.

12. Privacy

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

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Our Privacy Policy is available on our Website at guzmaanygomez.com.

13. Promotions, Loyalty Programmes, and Gift Cards

From time to time, Guzman y Gomez may offer promotional offers, discounts, loyalty reward programmes, vouchers, and gift cards. These promotional activities are subject to separate terms and conditions, which will be communicated at the time of the promotion. In the event of any inconsistency between these Terms and the terms of a specific promotion, the specific promotional terms shall prevail to the extent of the inconsistency.

We reserve the right to modify, suspend, or discontinue any promotional activity or loyalty programme at any time, subject to compliance with applicable Australian consumer protection laws. Promotional offers cannot be combined unless expressly stated. We reserve the right to disqualify any participant found to be engaging in fraudulent or dishonest conduct in connection with any promotion.

14. Term and Termination

These Terms become effective upon your first access to or use of our Website or Services and remain in full force and effect for as long as you continue to use our Services, unless terminated in accordance with this clause.

We reserve the right to suspend, restrict, or permanently terminate your access to our Website or any of our Services, with or without notice, for any reason, including if we reasonably believe that you have:

• Violated any provision of these Terms;
• Engaged in fraudulent, unlawful, or harmful conduct;
• Provided false or misleading information;
• Engaged in any activity that could harm us, our staff, other customers, or third parties.

Upon termination, your right to use our Services will immediately cease. Any provisions of these Terms that by their nature should survive termination (including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and governing law) shall survive termination.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account will not affect any pending or completed orders.

15. Changes to These Terms

We reserve the right to update, modify, amend, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also notify you of significant changes via email, a notice on our Website, or other appropriate communication channels.

Your continued use of our Website or Services after the effective date of any updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of our Services immediately.

We encourage you to review these Terms periodically. It is your responsibility to check for updates.

16. Governing Law and Jurisdiction

These Terms of Service and any dispute, controversy, or claim arising out of or in connection with these Terms, or their subject matter, formation, breach, termination, or validity, shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and, where applicable, the laws of the Australian state or territory in which the relevant transaction or dispute arises.

Applicable legislation includes, but is 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;
• Electronic Transactions Act 1999 (Cth);
• Copyright Act 1968 (Cth);
• Trade Marks Act 1995 (Cth);
• Relevant state and territory fair trading legislation.

You irrevocably submit to the non-exclusive jurisdiction of the courts of Australia, including the Federal Court of Australia and the courts of the relevant state or territory, for the resolution of any disputes arising under or in connection with these Terms. Nothing in this clause limits your rights to bring proceedings in any other jurisdiction where permitted by applicable law.

17. Dispute Resolution

17.1 Informal Resolution

In the event of any dispute, claim, or controversy between you and Guzman y Gomez arising out of or relating to these Terms or our Services ("Dispute"), both parties agree to first attempt to resolve the Dispute informally through good-faith negotiation. To initiate informal dispute resolution, please contact us at:

Email: [email protected]

Please include a detailed description of the Dispute, the relief you are seeking, and your contact information. We will make reasonable efforts to respond to your complaint within 10 business days.

17.2 Australian Consumer Law Remedies

Nothing in these Terms limits your rights to seek remedies under the Australian Consumer Law. If you have a complaint about our products or services, you may also contact the following bodies:

• Australian Competition and Consumer Commission (ACCC): www.accc.gov.au
• Your state or territory's fair trading or consumer affairs office

17.3 Formal Proceedings

If a Dispute cannot be resolved through informal negotiation within 30 days of the initial complaint, either party may pursue formal legal proceedings in the applicable Australian courts or through an appropriate alternative dispute resolution mechanism, including mediation or conciliation.

18. Force Majeure

Guzman y Gomez shall not be liable for any failure or delay in performing 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, floods, fires, pandemics, epidemics, government orders, strikes, labour disputes, supply chain disruptions, telecommunications failures, power outages, or civil disturbances ("Force Majeure Event").

In the event of a Force Majeure Event, we will take reasonable steps to notify you and to resume performance as soon as reasonably practicable. If a Force Majeure Event continues for more than 30 days and materially affects your order or service, you may be entitled to a refund or cancellation in accordance with the Australian Consumer Law.

19. Entire Agreement

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

20. Severability

If any provision, clause, or part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, void, unenforceable, or in conflict with any applicable law, such provision shall be deemed severed from these Terms to the minimum extent necessary to make the remainder of the Terms valid and enforceable. The severance of any such provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect as if the severed provision had never been included.

Where possible, the invalid or unenforceable provision will be modified to give effect to the original intent of the parties to the greatest extent possible under applicable law.

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 such right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. A waiver of any right or remedy under these Terms shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.

22. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms to any third party without our prior written consent. Any purported assignment without our consent shall be null and void.

We may assign, transfer, or delegate our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate restructure, sale of assets, or by operation of law. Such assignment shall not affect your rights under the Australian Consumer Law.

23. Accessibility

Guzman y Gomez is committed to making our Website and Services accessible to all users, including persons with disabilities. We endeavour to comply with applicable web accessibility standards. If you encounter any accessibility barriers on our Website, please contact us so that we may assist you and improve our platform.

24. Contact Information

If you have any questions, concerns, feedback, or complaints regarding these Terms of Service, our Services, or any related matter, 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.