Terms of Service

Effective Date: July 1, 2026 | Last Updated: July 1, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Guzman y Gomez ("Company," "we," "us," or "our") governing your access to and use of the website located at guzmanygomiz.com (the "Website"), as well as any related services, applications, features, content, and functionality offered by us in connection with the Website (collectively, the "Services").

By accessing or using our Website, placing an order, creating an account, or otherwise engaging with our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, customers, and other persons who access or use the Services.

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 which case the terms "you" and "your" shall refer to that entity. If you do not have such authority, you must not accept these Terms and must not use our Services.

You must be at least eighteen (18) years of age to use our Services. By using our Services, you represent and warrant that you meet this minimum age requirement. If you are under 18 years of age, you must not use our Services without the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2. About Guzman y Gomez

Guzman y Gomez is an Australian food and restaurant business operating a chain of quick-service Mexican-inspired restaurants. We offer fresh, made-to-order Mexican food including burritos, tacos, nachos, bowls, and other related menu items. Our Services include in-restaurant dining, takeaway ordering, online ordering via our Website, delivery services through third-party platforms, and catering services where applicable.

Our Website serves as a platform through which customers can browse our menu, place online orders, access nutritional information, locate restaurants, and engage with loyalty programs or promotional offers. All food preparation and service is conducted in accordance with applicable Australian food safety regulations and standards.

For any inquiries regarding our Services, please contact us using the details provided in Section 14 of these Terms.

3. Description of Services

Guzman y Gomez provides the following Services through our Website and physical restaurant locations:

3.1 Online Ordering

Our Website allows customers to browse our current menu offerings and place orders for pickup or delivery. Online ordering is subject to availability, operating hours of the relevant restaurant location, and technical availability of our online ordering platform. We reserve the right to modify, suspend, or discontinue the online ordering feature at any time without prior notice.

3.2 Restaurant Locator

We provide a restaurant locator feature to help customers find their nearest Guzman y Gomez location. Hours of operation, menu availability, and services offered may vary by location. We do not guarantee the accuracy of location information at all times and recommend contacting the relevant restaurant directly to confirm details.

3.3 Menu and Nutritional Information

We provide general menu and nutritional information through our Website for informational purposes. While we make reasonable efforts to ensure this information is accurate and up to date, menu items, ingredients, and nutritional content may vary by location and are subject to change without notice. Customers with specific dietary requirements, allergies, or medical conditions are encouraged to speak directly with restaurant staff before ordering.

3.4 Loyalty Programs and Promotions

From time to time, we may offer loyalty programs, promotional offers, discount codes, and special deals through our Website. These are subject to additional terms and conditions which will be communicated at the time of the offer. We reserve the right to modify, suspend, or terminate any loyalty program or promotional offer at our sole discretion.

3.5 Catering and Group Orders

We may offer catering and large group ordering services at select locations. These services are subject to separate terms, pricing, availability, and advance notice requirements. Please contact the relevant restaurant or our customer service team for more information.

4. User Obligations and Prohibited Activities

As a user of our Website and Services, you agree to comply with all applicable laws, regulations, and these Terms. You further agree to use our Services only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone else's use and enjoyment of the Services.

4.1 User Obligations

You agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security and confidentiality of your account login credentials;
• Notify us immediately of any unauthorised use of your account;
• Use the Services only for personal, non-commercial purposes unless otherwise expressly agreed in writing;
• Comply with all applicable Australian laws and regulations, including but not limited to the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law (ACL), and applicable state and territory laws;
• Respect the intellectual property rights of Guzman y Gomez and third parties;
• Conduct yourself in a respectful and lawful manner when interacting with our staff, systems, and other users.

4.2 Prohibited Activities

You must not, and you agree not to:

• Use our Website or Services for any unlawful purpose or in violation of any applicable laws or regulations;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Engage in any fraudulent activity, including placing false or misleading orders, or providing false payment information;
• Attempt to gain unauthorised access to any part of our Website, systems, servers, or databases;
• Introduce viruses, malware, ransomware, trojans, worms, or any other malicious or harmful code into our systems;
• Use automated scripts, bots, scrapers, crawlers, or similar tools to access, collect, or harvest data from our Website without our express written consent;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or Website without our express written permission;
• Engage in conduct that is defamatory, offensive, harassing, threatening, discriminatory, or otherwise objectionable;
• Post or transmit any content that is unlawful, fraudulent, deceptive, harmful, or violates the rights of any third party;
• Use our Website to advertise or solicit commercial products or services without our prior written consent;
• Attempt to circumvent or disable any security features of the Website;
• Use our trademarks, branding, or intellectual property without our prior written authorisation.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation reporting you to law enforcement authorities and terminating your access to our Services.

5. Account Registration

Certain features of our Services may require you to register for an account. When creating an account, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately at [email protected] if you become aware of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this obligation.

We reserve the right to suspend or terminate your account at any time and for any reason, including if we believe you have violated these Terms, engaged in fraudulent activity, or if your account has been inactive for an extended period.

6. Ordering and Payment Terms

6.1 Placing Orders

When you place an order through our Website, you are making an offer to purchase the relevant food items and services at the prices displayed. We reserve the right to accept or decline any order at our sole discretion. An order is confirmed only when you receive an order confirmation from us via email or through the Website.

6.2 Pricing

All prices displayed on our Website are in Australian Dollars (AUD) and include Goods and Services Tax (GST) unless otherwise stated. Prices are subject to change without notice. The price applicable to your order is the price displayed at the time you complete your purchase.

6.3 Payment Methods

We accept various forms of payment as indicated on our Website at the time of purchase, which may include credit cards, debit cards, and other approved digital payment methods. All payment transactions are processed through secure third-party payment processors. We do not store your full payment card details on our servers.

6.4 Cancellations and Refunds

Due to the perishable nature of food products, cancellations and refunds may be limited once an order has been confirmed and preparation has commenced. If you have concerns about your order, please contact us immediately through the Website or by emailing [email protected].

Your rights regarding refunds and returns are governed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms limits, excludes, or modifies any guarantee, condition, warranty, right, or remedy which cannot lawfully be excluded or modified under applicable Australian law.

6.5 GST and Tax Compliance

We comply with all applicable Australian taxation laws, including the A New Tax System (Goods and Services Tax) Act 1999 (Cth). GST is applied to all applicable transactions in accordance with Australian law. Tax invoices are available upon request.

7. Intellectual Property Rights

All content, materials, and features available through our Website and Services, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall design and appearance of the Website (collectively, "Content"), are the exclusive property of Guzman y Gomez or our licensors and are protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and applicable trademark legislation.

The Guzman y Gomez name, logo, trade dress, and all related names, logos, product and service names, designs, and slogans are trademarks of Guzman y Gomez or its affiliates and licensors. You must not use such marks without the prior written permission of Guzman y Gomez. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Website and Services for your personal, non-commercial use only. This licence does not include:

• Any resale or commercial use of the Website or its Content;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Website or its Content;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorised use of the Website or its Content terminates the licence granted by us. We reserve all rights not expressly granted in these Terms.

8. Privacy and Data Collection

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

We handle all personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) contained in Schedule 1 of that Act. If you have any concerns about how we handle your personal information, please contact us at [email protected].

9. Disclaimers and "As-Is" Basis

9.1 General Disclaimer

To the maximum extent permitted by applicable Australian law, our Website and Services are provided on an "as is" and "as available" basis without any representations or warranties 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, or timeliness of any content or information on the Website;
• Warranties that the Website will be uninterrupted, error-free, or free from viruses or other harmful components;
• Warranties regarding the results that may be obtained from the use of the Website or Services.

9.2 Food and Allergen Disclaimer

While we take reasonable care in the preparation of our food products and in providing allergen and nutritional information, we cannot guarantee that our products are free from all allergens. Our kitchens handle a wide variety of ingredients, and cross-contamination may occur. Customers with severe food allergies or intolerances should exercise caution and speak with restaurant staff directly before ordering. Guzman y Gomez will not be liable for any adverse reactions or health outcomes resulting from consumption of our food products where the customer has failed to disclose relevant allergy or dietary information.

9.3 Third-Party Services Disclaimer

Our Website may contain links to third-party websites, applications, or services (including delivery partners). We do not endorse, control, or assume any responsibility for the content, privacy practices, or availability of such third-party services. Your use of any third-party services is at your own risk and subject to the terms and conditions of those third parties.

9.4 Australian Consumer Law

Notwithstanding the foregoing, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy provided under the Australian Consumer Law which cannot lawfully be excluded, restricted, or modified. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees that services will be rendered with due care and skill.

10. Limitation of Liability

To the fullest extent permitted by applicable law, and subject to the qualifications set out below, Guzman y Gomez, its directors, officers, employees, agents, licensors, suppliers, and service providers shall not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, 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 Website or Services, even if we have been advised of the possibility of such damages.

To the extent that our liability cannot be excluded under applicable law, our total cumulative liability to you for all claims arising out of or related to these Terms or the Services shall not exceed the greater of:

• The total amount paid by you to us in the twelve (12) months preceding the event giving rise to the liability; or
• One hundred Australian dollars (AUD $100.00).

This limitation of liability applies whether the claims are based in contract, tort (including negligence), statute, equity, or any other legal theory, and regardless of whether we have been advised of the possibility of such damages.

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 under the Competition and Consumer Act 2010 (Cth) or other applicable Australian law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Guzman y Gomez, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and service providers 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 of these Terms or any applicable laws or regulations;
• Your use or misuse of our Website or Services;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through our Website;
• Your negligent or wrongful conduct;
• Any dispute between you and any third party arising from your use of our Services.

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. You must not settle any such claim without our prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service 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 principles. The parties expressly submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia (where applicable) to resolve any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

These Terms are subject to the mandatory consumer protection provisions of the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, and applicable state and territory fair trading legislation. Nothing in these Terms limits your rights under those laws.

If you access our Services from outside Australia, you do so at your own risk and are responsible for complying with local laws applicable in your jurisdiction. We make no representation that the content of our Website is appropriate or available for use in jurisdictions outside Australia.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services informally by contacting us at [email protected]. We will use reasonable efforts to address your concern within thirty (30) days of receiving written notice of the dispute. If we are unable to resolve the dispute informally within this period, either party may proceed with formal dispute resolution as set out below.

13.2 Mediation

If informal resolution is unsuccessful, the parties agree to attempt to resolve the dispute through mediation before resorting to litigation. Either party may propose mediation by providing written notice to the other party. The mediation shall be conducted in Sydney, New South Wales, Australia, under the mediation rules of the Australian Disputes Centre (ADC) or such other mutually agreed mediation service. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

13.3 Litigation

If mediation is unsuccessful or either party declines to participate in mediation, either party may commence legal proceedings in the courts of New South Wales, Australia, or the Federal Court of Australia, as appropriate. You agree to submit to the personal jurisdiction of those courts for the purpose of litigating any such claims.

13.4 Australian Competition and Consumer Commission (ACCC)

Nothing in these Terms prevents you from lodging a complaint with the Australian Competition and Consumer Commission (ACCC) or your relevant state or territory consumer protection agency in relation to any consumer protection concerns.

14. Term and Termination

14.1 Term

These Terms are effective from the date you first access or use our Website or Services and shall remain in full force and effect until terminated in accordance with these Terms.

14.2 Termination by You

You may terminate your agreement to these Terms at any time by discontinuing your use of our Website and Services and, if applicable, deleting your account. Please note that termination does not entitle you to any refunds except as required under applicable Australian law.

14.3 Termination by Us

We reserve the right, at our sole discretion, to suspend or terminate your access to our Website and Services at any time and without prior notice, for any reason, including but not limited to:

• Breach of these Terms or any other applicable policies;
• Fraudulent, abusive, or unlawful activity;
• Requests by law enforcement or government authorities;
• Cessation of our operations or Services;
• Technical or security issues.

14.4 Effect of Termination

Upon termination of these Terms for any reason, your right to access and use our Services shall immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

15. Changes to These Terms

We reserve the right to modify, update, or replace 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. For significant changes, we may also provide notice through our Website, via email, or through other appropriate means.

Your continued use of our Website or Services after the updated Terms have been posted constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the updated Terms, you must stop using our Website and Services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check this page regularly.

16. Severability

If any provision of these Terms is found by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or invalidated by the removal or modification of the unenforceable provision.

The unenforceability of any provision in a given jurisdiction shall not render that provision unenforceable in any other jurisdiction, and shall not render any other provision of these Terms unenforceable in any jurisdiction.

17. 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 of such right, power, or privilege or the exercise of any other right, power, or privilege. Any waiver of a breach of these Terms must be in writing and signed by an authorised representative of Guzman y Gomez to be effective.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices 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 or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, regarding the subject matter hereof.

19. Assignment

You may not assign, transfer, sublicense, or otherwise delegate any of your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this provision shall be null and void. We may freely assign or transfer our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law, without notice or your consent.

20. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms to the extent that such delay or failure results from events, circumstances, or causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions or restrictions, labour disputes, power outages, internet service disruptions, or third-party service failures. In such circumstances, we will endeavour to resume performance as soon as reasonably practicable.

21. Applicable Legislation

These Terms are governed by and subject to relevant Australian legislation, including but not limited to:

22. Contact Information

If you have any questions, concerns, complaints, or feedback regarding these Terms of Service or our Services, please contact us through any of the following means:

We aim to respond to all enquiries within five (5) business days. For urgent matters related to food safety or immediate customer service issues, we recommend contacting your nearest restaurant location directly.