Terms of Service

Please read these Terms of Service carefully before using the website located at gyg-au.com or any related services provided by Guzman y Gomez. By accessing or using our website, mobile applications, or any services we offer, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

1. Acceptance of Terms

By accessing, browsing, or using the website at gyg-au.com, placing an order, creating an account, or otherwise engaging with any service or product offered by Guzman y Gomez (hereinafter referred to as "GYG," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (hereinafter referred to as "Terms"), our Privacy Policy, and any other policies or guidelines incorporated herein by reference.

These Terms constitute a legally binding agreement between you (the "User," "Customer," or "you") and Guzman y Gomez. If you are using our services on behalf of a business, organisation, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and references to "you" shall refer to that entity.

These Terms apply to all visitors, users, and customers who access or use our services, including but not limited to:

• Visiting our website at gyg-au.com
• Using our mobile application
• Placing orders for food and beverages online or in-store
• Participating in loyalty programs, promotions, or competitions
• Contacting us for customer support or enquiries

We reserve the right to modify these Terms at any time. Continued use of our services after any modifications constitutes your acceptance of the revised Terms.

2. About Guzman y Gomez

Guzman y Gomez is a quick-service restaurant chain specialising in fresh Mexican-inspired food and beverages. We operate restaurants across Australia and through digital platforms enabling customers to order food for dine-in, takeaway, drive-through, and delivery services.

For all enquiries relating to these Terms, our services, or your rights as a customer, please contact us at the details provided above or through the contact form available on our website.

3. Description of Services

Guzman y Gomez provides the following services to its customers:

3.1 Restaurant Services

We operate quick-service restaurants where customers may dine in, order for takeaway, or access drive-through services. Our restaurants serve freshly prepared Mexican-inspired food and beverages, including but not limited to burritos, tacos, nachos, bowls, quesadillas, and a range of hot and cold beverages.

3.2 Online Ordering Platform

Our website at gyg-au.com and associated mobile application allow customers to browse our menu, customise orders, and place orders for pickup or delivery. Online orders are subject to the availability of items, restaurant operating hours, and the terms of any applicable third-party delivery partners.

3.3 Delivery Services

We may offer delivery services either directly or through third-party delivery platform partners. Where delivery is facilitated by a third party, the terms and conditions of that third-party provider may also apply. We are not responsible for delays, errors, or issues arising from third-party delivery services.

3.4 Loyalty and Rewards Programs

We may offer loyalty programs, rewards schemes, or promotional offers from time to time. Participation in such programs is subject to additional terms and conditions, which will be communicated to you at the time of enrolment or promotion.

3.5 Promotional Campaigns and Competitions

From time to time, we may run promotional campaigns, competitions, giveaways, or special offers. Participation in these campaigns is voluntary and subject to specific terms and conditions that will be disclosed at the time of each campaign.

3.6 Customer Support

We provide customer support services via email, our website contact form, and other communication channels. Our team aims to respond to enquiries within a reasonable timeframe during normal business hours.

4. User Obligations and Prohibited Activities

4.1 User Eligibility

By using our services, you represent and warrant that:

• You are at least 18 years of age, or if under 18, you have obtained parental or guardian consent;
• You have the legal capacity to enter into a binding agreement;
• You will use our services only for lawful purposes and in compliance with these Terms;
• All information you provide to us is accurate, current, and complete.

4.2 Account Responsibilities

If you create an account with us, you are responsible for maintaining the confidentiality of your login credentials. You agree to:

• Notify us immediately of any unauthorised use of your account;
• Accept responsibility for all activities that occur under your account;
• Not share your account credentials with any third party;
• Provide accurate and up-to-date information when creating or updating your account.

4.3 Prohibited Activities

When using our website, applications, or services, you must not:

• Engage in any unlawful, fraudulent, or deceptive activity;
• Use automated bots, scrapers, or similar tools to access or collect data from our website without prior written consent;
• Attempt to gain unauthorised access to our systems, databases, or server infrastructure;
• Interfere with or disrupt the operation of our website or services;
• Upload, post, or transmit any content that is defamatory, offensive, obscene, or otherwise objectionable;
• Infringe upon the intellectual property rights, privacy, or other rights of Guzman y Gomez or any third party;
• Use our services to send unsolicited commercial communications (spam);
• Misrepresent your identity or affiliation with any person or organisation;
• Engage in any activity that could damage the reputation, goodwill, or business of Guzman y Gomez;
• Use our services in a manner that violates any applicable Australian law or regulation, including but not limited to the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), the Privacy Act 1988 (Cth), and the Spam Act 2003 (Cth).

We reserve the right to terminate your access to our services immediately and without notice if we determine, in our sole discretion, that you have engaged in any prohibited activity.

5. Intellectual Property Rights

5.1 Ownership

All content on our website and mobile application, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, menu designs, software, and the overall look and feel of our digital platforms, is the property of Guzman y Gomez or its licensors and is protected under the Copyright Act 1968 (Cth) and other applicable Australian and international intellectual property laws.

5.2 Trademarks

The name "Guzman y Gomez," the GYG logo, and all associated branding, slogans, and trade names are trademarks or registered trademarks of Guzman y Gomez. You may not use any of our trademarks, logos, or trade names without our prior written consent. Unauthorised use may constitute an infringement of our intellectual property rights.

5.3 Limited Licence

We grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use our website and digital platforms solely for personal, non-commercial purposes in accordance with these Terms. This licence does not permit you to:

• Reproduce, duplicate, copy, sell, or exploit any portion of our content for commercial purposes;
• Modify, adapt, translate, or create derivative works based on our content;
• Remove or alter any copyright, trademark, or proprietary rights notices;
• Use our content for any purpose other than browsing our website and using our services as intended.

5.4 User-Generated Content

If you submit any content to us, including reviews, comments, feedback, photographs, or social media posts tagged with our brand, you grant Guzman y Gomez a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, modify, publish, and distribute such content in connection with our business and marketing activities. You represent that you own or have the necessary rights to grant this licence and that your content does not infringe any third-party rights.

6. Ordering and Payment Terms

6.1 Menu and Pricing

All menu items and prices displayed on our website, application, or in our restaurants are subject to change without notice. Prices displayed online may differ from in-restaurant prices. We reserve the right to modify our menu offerings, prices, and availability at any time.

6.2 Order Acceptance

Placing an order through our website or application constitutes an offer to purchase. We reserve the right to accept or decline any order at our discretion, including in cases where:

• The ordered item is unavailable or out of stock;
• There is an error in the pricing or description of the item;
• We suspect fraudulent or unauthorised activity;
• The delivery address is outside our service area.

6.3 Payment

Payment for orders must be made at the time of purchase. We accept a range of payment methods including credit and debit cards, digital wallets, and other methods as displayed on our platform. All transactions are processed securely in accordance with applicable payment security standards. We do not store your full payment card details on our servers.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, we generally do not offer refunds once an order has been prepared. However, we are committed to complying with our obligations under the Australian Consumer Law (ACL). If you receive a product that is faulty, not fit for purpose, or significantly different from what was described, you may be entitled to a remedy including a replacement, refund, or other appropriate resolution. Please contact us at [email protected] to discuss any concerns about your order.

6.5 Allergen and Dietary Information

We make every effort to provide accurate allergen and dietary information for our menu items. However, our food is prepared in kitchens that handle common allergens including gluten, dairy, nuts, eggs, and soy. We cannot guarantee that any menu item is completely free from allergens. Customers with severe allergies or dietary requirements are advised to contact us directly before placing an order. We accept no liability for adverse reactions arising from undisclosed allergens where reasonable care has been taken.

7. Disclaimers

7.1 As-Is Basis

Our website, mobile application, and digital services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, representations, and conditions, including but not limited to:

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

7.2 Third-Party Links and Services

Our website may contain links to third-party websites or services, including social media platforms and delivery partners. These links are provided for convenience only. We do not endorse, control, or take responsibility for the content, privacy practices, or terms of any third-party website or service. Your use of third-party platforms is at your own risk and governed by the terms of those third parties.

7.3 Food and Beverage Disclaimer

While we strive to maintain the highest standards of food quality and safety in compliance with the Food Standards Australia New Zealand Act 1991 (Cth) and applicable state food safety regulations, we do not warrant that our food products will meet every customer's personal dietary requirements, preferences, or expectations. Nutritional information provided is approximate and may vary based on preparation methods and ingredient variations.

8. Limitation of Liability

8.1 General Limitation

To the maximum extent permitted by applicable law, including the Australian Consumer Law, Guzman y Gomez, its directors, officers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or any other intangible losses, arising out of or in connection with:

• Your use of or inability to use our services;
• Any errors, omissions, or inaccuracies in our content;
• Unauthorised access to or alteration of your data or transmissions;
• Conduct or content of any third party on or through our services;
• Any food products purchased through our services.

8.2 Cap on Liability

Where liability cannot be excluded under applicable law, our total cumulative liability to you for any claims arising under or in connection with these Terms shall not exceed the greater of:

• The amount paid by you to Guzman y Gomez in the three (3) months preceding the event giving rise to the claim; or
• One hundred Australian dollars (AUD $100.00).

8.3 Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you may have under the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded or limited. Where such guarantees apply, our liability is limited to the extent permitted by law, including, at our option, replacing the goods, supplying equivalent goods, or refunding the amount paid.

9. Indemnification

You agree to indemnify, defend, and hold harmless Guzman y Gomez, its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and service providers from and against any 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 services in a manner not authorised by these Terms;
• Your violation of any applicable law or regulation;
• Any content you submit, post, or transmit through our services;
• Your infringement of any intellectual property or other rights of any person or entity;
• Any fraudulent, negligent, or wilful misconduct on your part.

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

10. 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) contained therein. Our collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which is available on our website at gyg-au.com and is incorporated into these Terms by reference.

By using our services, you consent to the collection and use of your personal information as described in our Privacy Policy. If you have concerns about how we handle your personal information, please contact us at [email protected].

11. Governing Law and Jurisdiction

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

You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and the Federal Court of Australia, for the resolution of any disputes arising under or in connection with these Terms. You waive any objection to the exercise of jurisdiction by such courts.

12. Dispute Resolution

12.1 Informal Resolution

We are committed to resolving any disputes or concerns you may have in a fair, efficient, and amicable manner. Before initiating any formal legal proceedings, we encourage you to contact us directly at [email protected] to discuss your concern. We will make reasonable efforts to resolve the dispute informally within thirty (30) days of receiving your written notice.

12.2 Mediation

If the dispute cannot be resolved through informal negotiation within the prescribed period, either party may refer the matter to mediation administered by a mutually agreed mediator or a mediator appointed by the Australian Disputes Centre (ADC) or the Resolution Institute. The costs of mediation shall be shared equally between the parties unless otherwise agreed or ordered.

12.3 Legal Proceedings

If mediation does not result in a resolution within sixty (60) days of the appointment of a mediator, either party may pursue the matter through the courts of New South Wales, Australia, subject to clause 11 of these Terms. Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.

12.4 Consumer Complaints

If you are a consumer and believe we have not adequately addressed your complaint, you may also have the right to contact the following regulatory bodies:

• Australian Competition and Consumer Commission (ACCC) — for matters relating to consumer rights and fair trading;
• Office of the Australian Information Commissioner (OAIC) — for privacy-related complaints;
• NSW Fair Trading — for state-based consumer protection matters;
• Your local state or territory consumer protection authority.

13. Term and Termination

13.1 Duration

These Terms remain in effect for as long as you use our website, applications, or services. Certain provisions of these Terms that by their nature should survive termination (including intellectual property rights, disclaimers, limitation of liability, indemnification, and governing law) will continue to apply after any termination.

13.2 Termination by You

You may terminate your relationship with us at any time by ceasing to use our services and, where applicable, deleting your account. Termination does not relieve you of any obligations or liabilities incurred prior to the date of termination.

13.3 Termination by Us

We reserve the right to suspend or terminate your access to our services at any time, with or without notice, for any reason, including but not limited to:

• Breach of these Terms;
• Fraudulent, abusive, or unlawful use of our services;
• Failure to pay amounts owing to us;
• Discontinuation or material modification of our services;
• Legal, regulatory, or technical reasons.

13.4 Effect of Termination

Upon termination, your right to use our services immediately ceases. We may, in our discretion, delete your account and any associated data, subject to our obligations under the Privacy Act 1988 (Cth) and our Privacy Policy. We are not liable to you or any third party for any termination of your access to our services.

14. Changes to These Terms

We reserve the right to modify, update, or replace these Terms of Service at any time and 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;
• Post the revised Terms on our website at gyg-au.com;
• Where reasonably practicable, notify registered users via email or in-app notification.

Your continued use of our website, applications, or services after the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the revised Terms, you must cease using our services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available at gyg-au.com.

15. Severability

If any provision of these Terms of Service is found to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or any other competent authority, that provision shall be deemed to be severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect and shall not be affected, impaired, or invalidated in any way.

Where a provision is found to be partially unenforceable, the parties agree that it shall be enforced to the maximum extent permissible, with any necessary modification made to render it valid and enforceable, provided such modification does not fundamentally alter the commercial intent of the original provision.

16. General Provisions

16.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Guzman y Gomez with respect to your use of our services and supersede all prior agreements, representations, warranties, and understandings, whether written or oral, relating to such subject matter.

16.2 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by an authorised representative of Guzman y Gomez.

16.3 Assignment

You may not assign or transfer any of your rights or obligations under these Terms to any third party without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate restructure, or sale of assets.

16.4 Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, industrial disputes, power failures, or interruptions to telecommunications or internet services.

16.5 Relationship of Parties

Nothing in these Terms creates or implies any partnership, joint venture, employment, agency, or franchise relationship between you and Guzman y Gomez. You are an independent party, and neither party has the authority to bind the other in any manner.

16.6 Electronic Communications

By using our services or contacting us via email, you consent to receiving communications from us in electronic form. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing, to the extent permitted under the Electronic Transactions Act 1999 (Cth) and applicable state equivalents.

16.7 Language

These Terms of Service are written in English. In the event of any translation or interpretation conflict, the English language version shall prevail.

17. Accessibility

Guzman y Gomez is committed to making its digital services accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and Australian Government accessibility standards to the extent reasonably practicable. If you experience any difficulty accessing our website or services, please contact us at [email protected] and we will endeavour to assist you.

18. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, our services, or any other matter, please contact us using the details below:

We aim to acknowledge all written enquiries within five (5) business days and to resolve complaints as promptly as reasonably practicable. Where your concern relates to privacy, please direct your enquiry specifically to our Privacy Officer at the email address above.