Terms of Service

Effective Date: June 30, 2026  |  Last Updated: June 30, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Guziman's Gomez ("Company," "we," "us," or "our"), the operator of guzimansgomez.com (the "Website") and associated food services and platforms.

By accessing, browsing, registering on, or using the Website, placing an order, or otherwise interacting with our food services, you expressly agree to comply with and be bound by these Terms, together with our Privacy Policy and any other policies referenced herein. These Terms apply to all visitors, registered users, customers, and any other individuals who access or use our services in any manner.

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. In that case, "you" and "your" shall refer to that entity.

We reserve the right to update, modify, or replace these Terms at any time. Continued use of our Website or services after any changes take effect constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any changes.

2. About Guzman y Gomez

Guzman y Gomez is an Australian food and restaurant brand specialising in authentic Mexican-inspired cuisine. Our services include dine-in restaurant experiences, takeaway orders, online ordering, delivery services, catering enquiries, and related food and beverage offerings made available through our physical restaurant locations and digital platforms.

Our Website and digital services are intended to facilitate a convenient ordering and customer experience, provide information about our menu and locations, and support customer engagement initiatives including but not limited to loyalty programmes, promotional offers, and account management features.

Our contact details are as follows:

• Company Name: Guzman y Gomez
• Email: [email protected]
• Website: guzimansgomez.com

3. Description of Services

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

• Online Ordering: Customers may browse our menu and place food and beverage orders through the Website or associated mobile applications for pickup or delivery.
• Dine-In Services: Customers may visit any of our physical restaurant locations to consume food and beverages on-premises.
• Takeaway Services: Customers may order food and beverages for collection from a designated restaurant location.
• Delivery Services: Food and beverages may be delivered to a nominated address, either directly by us or through third-party delivery platforms, subject to availability in your area.
• Catering and Group Orders: We may offer catering services and bulk ordering options for events, corporate functions, and group gatherings, subject to availability and separate terms.
• Loyalty Programme: Where available, registered users may participate in a loyalty rewards programme subject to separate terms and conditions.
• Promotional Offers: From time to time, we may offer special promotions, discounts, vouchers, and competitions, each subject to specific terms and conditions.
• Customer Account: Users may create a personal account on the Website to manage orders, track loyalty points, and receive personalised communications.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you.

4. Eligibility

To use our Services, you must be at least 18 years of age, or if you are between the ages of 13 and 17, you must have the consent of a parent or legal guardian. Certain services, including the purchase of alcoholic beverages where available, are restricted to individuals who are 18 years of age or older in accordance with applicable Australian state and territory liquor licensing laws.

By using our Services, you represent and warrant that you meet all applicable eligibility requirements. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion if we reasonably believe eligibility requirements have not been met.

5. User Obligations and Prohibited Activities

5.1 User Obligations

As a user of our Services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorised access or use of your account;
• Use the Website and Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable laws, regulations, and codes of conduct, including but not limited to Australian Consumer Law (ACL) obligations as a consumer;
• Treat our staff, representatives, and other users with courtesy and respect;
• Ensure that any delivery address provided is accurate and that someone is available to receive the order at the nominated time.

5.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website or Services for any fraudulent, deceptive, or unlawful purpose;
• Attempt to gain unauthorised access to any part of the Website, other users' accounts, or our internal systems;
• Use automated scripts, bots, scrapers, or other tools to access or collect data from our Website without our prior written consent;
• Transmit any viruses, malware, ransomware, or other harmful code through our Website;
• Post, upload, or transmit any content that is defamatory, abusive, obscene, threatening, or otherwise objectionable;
• Infringe upon the intellectual property rights of Guzman y Gomez or any third party;
• Resell, redistribute, or commercially exploit our Services without our express written authorisation;
• Engage in any conduct that could damage, disable, overburden, or impair the proper functioning of the Website or our server infrastructure;
• Misuse promotional codes, vouchers, or loyalty points, including creating multiple accounts to obtain unauthorised benefits;
• Use our Services to harass, intimidate, or harm any individual, including our staff and other customers.

Violation of any of the above may result in immediate suspension or termination of your account, cancellation of pending orders, and referral to relevant law enforcement authorities where appropriate.

6. Orders, Payment, and Pricing

6.1 Placing Orders

When you place an order through our Website or application, you are making an offer to purchase goods subject to these Terms. An order is only confirmed once you receive a confirmation notification from us. We reserve the right to refuse or cancel any order at our discretion, including in cases of suspected fraud, pricing errors, or product unavailability.

6.2 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 notice. Menu items and pricing may vary between restaurant locations and online ordering platforms.

6.3 Payment

We accept various payment methods as displayed on our Website at the time of checkout. By submitting a payment, you represent and warrant that you are authorised to use the selected payment method and that the payment information you provide is accurate and complete. We use third-party payment processors and do not store your full payment card details on our servers.

6.4 Refunds and Cancellations

Our refund and cancellation policy is governed by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (Schedule 2). You may be entitled to a refund, replacement, or other remedy if a product is faulty, not as described, or does not meet consumer guarantees. Change-of-mind cancellations may not be eligible for a refund once an order has been prepared or dispatched. Please contact us at [email protected] for any refund enquiries.

7. Delivery Services

Where delivery services are offered, we will endeavour to deliver your order within the estimated delivery time. However, delivery times are estimates only and may be affected by factors outside our control, including traffic conditions, weather, and third-party delivery provider availability. We are not liable for delays in delivery caused by circumstances beyond our reasonable control.

If delivery is provided through a third-party delivery platform (such as Uber Eats, DoorDash, or Deliveroo), the terms and conditions of that platform may also apply. We are not responsible for the acts or omissions of third-party delivery providers once an order has been dispatched.

8. Intellectual Property Rights

All content published on or accessible through the Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, menu descriptions, trade marks, service marks, trade names, and software ("Intellectual Property"), is the exclusive property of Guzman y Gomez or its licensors and is protected under Australian 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 the Website for personal, non-commercial purposes only. This licence does not permit you to:

• Copy, reproduce, modify, adapt, publish, translate, or create derivative works from any content on our Website;
• Use our trade marks, logos, or brand elements without our prior written consent;
• Publicly display, distribute, or sell any content obtained from our Website;
• Reverse engineer or decompile any software forming part of the Website.

Any unauthorised use of our Intellectual Property may constitute an infringement of our rights and may give rise to legal action. If you believe any content on our Website infringes your intellectual property rights, please notify us promptly at [email protected].

9. User-Generated Content

Where our Website or associated platforms allow you to submit reviews, comments, photos, feedback, or other content ("User Content"), you retain ownership of your User Content but grant Guzman y Gomez a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with our business operations and marketing activities.

You represent and warrant that your User Content does not infringe any third-party rights and complies with all applicable laws. We reserve the right to remove any User Content at our sole discretion without notice.

10. Disclaimers and "As-Is" Basis

Our Website and Services are provided on an "as is" and "as available" basis without any warranties, representations, or guarantees of any kind, whether express or implied, to the fullest extent permitted by law. Without limiting the foregoing, we do not warrant that:

• The Website will be available, uninterrupted, timely, secure, or error-free;
• Any information or content on the Website is accurate, complete, reliable, or up to date;
• The Website is free from viruses, malware, or other harmful components;
• Menu items depicted on the Website will exactly match the products delivered or served.

Product images and descriptions on the Website are for illustrative purposes only. Actual products may vary in appearance, portion size, and ingredients depending on location, availability, and preparation methods.

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other applicable law that cannot be excluded, restricted, or modified.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Guzman y Gomez, its directors, officers, employees, agents, contractors, licensors, and service providers shall not be liable to you or any third party for any:

• Indirect, incidental, consequential, special, punitive, or exemplary damages;
• Loss of profits, revenue, data, goodwill, or business opportunity;
• Personal injury or property damage arising from your use of our Services (except to the extent caused by our negligence or wilful misconduct);
• Unauthorised access to or alteration of your data or transmissions;
• Any interruption or cessation of transmission to or from the Website;
• Any errors or omissions in content on the Website.

Where our liability cannot be excluded by law, our total aggregate liability to you in connection with these Terms or the Services shall be limited to the amount paid by you to us in connection with the specific transaction giving rise to the claim, or AUD $100.00, whichever is greater.

Nothing in these Terms limits or excludes any liability that cannot be excluded under the Australian Consumer Law, including liability for death or personal injury caused by our negligence, or liability for gross negligence or fraud.

12. Indemnification

You agree to defend, indemnify, and hold harmless Guzman y Gomez, its parent companies, subsidiaries, affiliates, directors, officers, employees, agents, contractors, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your access to or use of the Website or Services;
• Your breach of any provision of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Any User Content submitted by you;
• Any fraudulent or unauthorised use of your account;
• Any claim that your use of the Services has caused harm to a third party.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

13. Privacy and Data Protection

We are committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Our collection, use, disclosure, and storage of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms and is available on our Website.

By using our Services, you consent to our collection and processing of your personal information as described in our Privacy Policy. If you have any queries or concerns regarding how we handle your personal information, please contact us at [email protected].

14. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or platforms (including delivery partners, social media platforms, and payment processors) 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 strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit. Your interactions with third-party services are solely between you and the applicable third party. We shall not be responsible for any loss or damage you suffer as a result of your dealings with third parties.

15. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the State of New South Wales, Australia, and the Commonwealth of Australia, including but not limited to:

Any disputes arising out of or in connection with these Terms, or any breach thereof, shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, and the Federal Court of Australia. You irrevocably submit to the personal jurisdiction of such courts for such purposes.

16. Dispute Resolution

16.1 Informal Resolution

We encourage you to contact us in the first instance to attempt to resolve any dispute informally. Please send a written description of your complaint to [email protected], and we will endeavour to respond within 15 business days.

16.2 Formal Mediation

If informal resolution is not successful within 30 calendar days of written notice, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) or another mutually agreed mediator. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

16.3 Escalation to Tribunal or Court

If the dispute cannot be resolved through mediation, either party may refer the matter to the NSW Civil and Administrative Tribunal (NCAT) for disputes falling within its jurisdiction, or to the appropriate court as outlined in Section 15 above.

16.4 Consumer Complaints

Nothing in this dispute resolution clause prevents you from lodging a complaint with the Australian Competition and Consumer Commission (ACCC), the NSW Fair Trading authority, or any other relevant regulatory body. You may contact NSW Fair Trading at www.fairtrading.nsw.gov.au.

17. Term and Termination

17.1 Term

These Terms come into effect when you first access or use our Website or Services and remain in full force and effect for as long as you continue to use our Services, unless terminated earlier in accordance with this clause.

17.2 Termination by You

You may terminate your account and cease using our Services at any time by contacting us at [email protected] and requesting account closure. Termination does not affect any orders already placed and in progress.

17.3 Termination by Us

We reserve the right to suspend, restrict, or terminate your access to our Services at any time, with or without prior notice, if we determine in our sole discretion that you have:

• Violated any provision of these Terms;
• Engaged in fraudulent, abusive, or illegal conduct;
• Created or presented a security risk to our systems or other users;
• Provided false or misleading information.

17.4 Effect of Termination

Upon termination of your account, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 15 (Governing Law), and 16 (Dispute Resolution).

18. Changes to These Terms

Guzman y Gomez reserves the right to update, amend, or replace these Terms at any time at our sole discretion. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page;
• Post a notice on our Website informing users of the changes; and/or
• Send an email notification to registered users where appropriate.

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

We recommend that you check this page regularly to stay informed of any changes. Changes will not apply retrospectively to orders placed before the effective date of the revised Terms unless required by law.

19. Severability

If any provision of these Terms is found to be invalid, illegal, void, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it enforceable. If such modification is not possible, the relevant provision shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions.

The failure or invalidity of any provision of these Terms shall not affect the operation of any other provision. The remaining Terms shall continue in full force and effect as if the severed provision had never been included.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other policies, guidelines, or supplemental terms referenced herein, constitute the entire agreement between you and Guzman y Gomez with respect to your use of the Website and Services. They supersede all prior and contemporaneous communications, representations, and agreements, whether written or oral, relating to the subject matter hereof.

No waiver by us of any breach of these Terms shall be deemed a waiver of any subsequent breach, and no waiver shall be effective unless made in writing and signed by a duly authorised representative of Guzman y Gomez.

21. Force Majeure

Guzman y Gomez shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government-imposed restrictions, war, terrorism, civil unrest, fire, flood, industrial action, power outages, internet or telecommunications failure, or supply chain disruptions.

In the event of a force majeure occurrence, we will notify you as soon as practicable and endeavour to minimise the impact on your use of our Services. Affected orders may be cancelled or rescheduled, and we will work with you to provide appropriate remedies where possible.

22. Assignment

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

We may assign, transfer, or delegate our rights and obligations under these Terms to any affiliate, successor, or third party without your consent, including in connection with a merger, acquisition, sale of assets, or other business restructuring. In such cases, we will notify you of the assignment and your rights under these Terms will not be diminished.

23. Accessibility

Guzman y Gomez is committed to making our Website accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1. If you experience any accessibility issues or require assistance, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

24. Contact Information

If you have any questions, concerns, or enquiries regarding these Terms of Service or our Services generally, please do not hesitate to contact us through the following channels:

We aim to respond to all enquiries within 5 to 10 business days. For urgent matters, please clearly indicate the urgency in your communication.