Terms of Service

1. Introduction and Acceptance

Welcome to Guzman y Gomez ("GYG," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Guzman y Gomez Pty Ltd, governing your access to and use of our website, mobile applications, food delivery services, restaurant services, and all related services (collectively, the "Services").

1.1 Eligibility Requirements

• You must be at least 18 years of age or the age of majority in your jurisdiction to use our Services
• You must have the legal capacity to enter into binding agreements
• You must not be prohibited from using our Services under applicable laws
• You must provide accurate, current, and complete information during registration

1.2 Account Responsibility

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

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes through our website, email, or other appropriate means. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

2. Definitions

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

"Company," "we," "us," or "our"

Refers to Guzman y Gomez Pty Ltd, an Australian company operating Mexican fast-food restaurants and delivery services.

"You," "your," or "User"

Refers to any individual or entity that accesses or uses our Services.

"Services"

Includes our website (guzmanygomes.com), mobile applications, food ordering and delivery services, restaurant dining services, catering services, and any related features or functionalities.

"Content"

Refers to all text, images, videos, audio, software, and other materials available through our Services, including user-generated content.

"Website"

Refers to guzmanygomes.com and all associated subdomains and pages.

"Order"

Refers to any purchase of food items, beverages, or other products through our Services.

"Delivery Partner"

Refers to third-party delivery service providers who may deliver orders on our behalf.

3. Use of Services

3.1 Permitted Use

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for the following permitted purposes:

• Personal, non-commercial use in accordance with these Terms
• Browsing our menu and restaurant information
• Placing legitimate orders for food and beverages
• Making reservations and using our restaurant services
• Accessing customer support and account management features
• Providing feedback and reviews about our services
• Participating in promotions and loyalty programs

3.2 Prohibited Use

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

3.2.1 Illegal Activities

• Any unlawful purpose or activity prohibited by applicable laws or regulations
• Violation of any local, state, national, or international law
• Fraudulent activities, including payment fraud or identity theft
• Money laundering or financing of illegal activities

3.2.2 Harmful or Malicious Behavior

• Harassment, abuse, or harm of other users, staff, or delivery personnel
• Distribution of malware, viruses, or other harmful software
• Attempts to gain unauthorized access to our systems or user accounts
• Interference with or disruption of our Services or servers
• Use of automated systems, robots, or data mining tools without authorization

3.2.3 Intellectual Property Violations

• Unauthorized copying, reproduction, or distribution of our content
• Reverse engineering, decompiling, or disassembling our software
• Infringement of our trademarks, copyrights, or other intellectual property rights
• Creating derivative works based on our Services without permission

3.2.4 Misuse of Platform

• Creating false or misleading accounts or profiles
• Impersonating other individuals or entities
• Posting false, defamatory, or misleading content
• Spam, unsolicited communications, or commercial advertising
• Manipulation of reviews, ratings, or feedback systems

4. User Accounts

4.1 Registration Requirements

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

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

4.2 Account Security

You are solely responsible for maintaining the security of your account credentials. We recommend using a strong, unique password and enabling two-factor authentication where available. We will not be liable for any loss or damage arising from your failure to maintain account security.

4.3 One Account Per Person

Each person may maintain only one account. Creating multiple accounts to circumvent restrictions, abuse promotions, or engage in fraudulent activity is strictly prohibited and may result in immediate termination of all associated accounts.

4.4 Account Termination Rights

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in conduct harmful to our business, other users, or third parties.

5. Products and Services

5.1 Food Products and Menu Items

We strive to provide accurate descriptions, images, and pricing for all menu items. However, we reserve the right to:

• Modify menu items, ingredients, and pricing without prior notice
• Discontinue menu items based on availability or business decisions
• Substitute ingredients when necessary due to supply constraints
• Adjust portion sizes to maintain consistent quality and value

5.2 Food Safety and Hygiene Standards

5.2.1 Allergen Information

Important Allergen Notice: Our menu items may contain or come into contact with common allergens including wheat, eggs, milk, soy, tree nuts, peanuts, fish, and shellfish. While we take precautions to prevent cross-contamination, we cannot guarantee that any menu item is completely free from allergens. Customers with food allergies should inform our staff and review allergen information before ordering.

5.2.2 Temperature-Sensitive Items

Certain menu items require specific temperature control during preparation, storage, and delivery. We take appropriate measures to maintain food safety temperatures, but customers should consume delivered items promptly upon receipt.

5.3 Order Placement and Acceptance

When you place an order through our Services:

• You make an offer to purchase the selected items at the displayed prices
• We reserve the right to accept or decline your order for any reason
• Order acceptance occurs when we begin food preparation or send confirmation
• We may contact you to verify order details or address any issues
• All prices are in Australian Dollars and include applicable taxes where required

5.4 Delivery Terms and Conditions

5.4.1 Delivery Areas and Zones

Delivery service is available only within our designated delivery zones. Delivery areas and availability may change without notice based on operational requirements, weather conditions, or other factors beyond our control.

5.4.2 Delivery Timing

• Estimated delivery times are approximate and may vary based on order volume, weather, and distance
• We strive to meet estimated delivery times but cannot guarantee exact delivery timing
• Delays may occur during peak periods, adverse weather, or unforeseen circumstances
• You will receive notifications about your order status and delivery progress

5.4.3 Minimum Order Requirements

Delivery orders may be subject to minimum order value requirements, which vary by location and may change without notice. Minimum order amounts will be clearly displayed during the ordering process.

5.4.4 Delivery Fees

Delivery fees are calculated based on distance, demand, and other factors. All applicable delivery fees will be clearly displayed before order completion. Delivery fees are non-refundable except in cases where we fail to deliver your order.

5.5 Order Modification and Cancellation

5.5.1 Customer Cancellations

• Orders may be cancelled before food preparation begins
• Cancellation requests must be submitted immediately after order placement
• Once food preparation has started, cancellations may not be possible
• Refunds for cancelled orders will be processed according to our refund policy

5.5.2 Order Modifications

• Order modifications may be possible if requested immediately after placement
• We cannot guarantee that modification requests can be accommodated
• Additional charges may apply for order modifications
• No modifications are possible once food preparation has begun

5.6 Payment Terms

Payment for all orders must be completed at the time of order placement through our approved payment methods. We accept major credit cards, debit cards, and other payment methods as displayed on our platform. All payments are processed securely through trusted payment processors.

5.7 Food Quality Guarantee

We are committed to providing fresh, high-quality food prepared to our standards. If you are not satisfied with the quality of your order, please contact us immediately. We will work to resolve any quality issues in accordance with our refund and replacement policies.

6. Intellectual Property

6.1 Our Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, are the exclusive property of Guzman y Gomez or its licensors and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Trademarks

The Guzman y Gomez name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Guzman y Gomez or its affiliates. You must not use such marks without our prior written permission.

6.3 Limited License to Users

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes. This license does not include any right to:

• Reproduce, distribute, or publicly display our content
• Create derivative works based on our Services
• Use our trademarks or branding without permission
• Access or use our Services for commercial purposes

6.4 User Content License

When you submit content through our Services (such as reviews, comments, or feedback), you grant us a worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

6.5 Copyright Infringement Reporting

If you believe that any content on our Services infringes your copyright, please contact us with detailed information about the alleged infringement. We will investigate and take appropriate action in accordance with applicable copyright laws.

7. User Content

7.1 Responsibility for Your Content

You are solely responsible for any content you submit, post, or transmit through our Services. You represent and warrant that your content:

• Is accurate, lawful, and does not violate any third-party rights
• Does not contain defamatory, obscene, or offensive material
• Does not infringe any intellectual property rights
• Complies with all applicable laws and regulations
• Does not contain viruses or other harmful code

7.2 Prohibited Content

You may not post content that:

• Is false, misleading, or fraudulent
• Violates any person's privacy or publicity rights
• Contains hate speech, discrimination, or harassment
• Promotes violence or illegal activities
• Contains spam, commercial advertising, or promotional material
• Includes personal information of others without consent

7.3 Content Monitoring and Removal

While we have no obligation to monitor user content, we reserve the right to review, edit, or remove any content that violates these Terms or is otherwise objectionable. We may remove content without notice and without liability.

7.4 No Endorsement

User content does not represent our views or opinions. We do not endorse any user content or guarantee its accuracy, reliability, or quality.

8. Disclaimers

8.1 Service Availability

We do not warrant that our Services will be uninterrupted, timely, secure, or error-free. Technical issues, maintenance, or other factors may cause temporary disruptions to our Services.

8.2 Accuracy of Information

While we strive to provide accurate information, we make no warranties about the accuracy, reliability, completeness, or timeliness of any content on our Services. Menu items, prices, and availability are subject to change without notice.

8.3 Third-Party Content

Our Services may include content, links, or references to third-party websites or services. We are not responsible for the content, accuracy, or practices of any third parties and do not endorse any third-party content or services.

8.4 Professional Advice Disclaimer

Information provided through our Services is for general informational purposes only and should not be considered professional dietary, medical, or nutritional advice. Consult appropriate professionals for specific dietary needs or health concerns.

9. Limitation of Liability

9.1 Maximum Liability

In no event shall our total liability to you for all damages exceed the amount paid by you to us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

9.2 Excluded Damages

We shall not be liable for damages arising from:

• Use or inability to use our Services
• Delivery delays or failures
• Food quality issues, unless caused by our gross negligence
• Third-party actions or content
• Unauthorized access to your account or information
• Technical malfunctions or system failures

9.3 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of government, labor disputes, or other force majeure events.

10. Indemnification

You agree to defend, indemnify, and hold harmless Guzman y Gomez, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use or misuse of our Services
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through our Services
• Your negligent or wrongful conduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

11. Third-Party Links and Services

11.1 Third-Party Services

Our Services may integrate with or provide links to third-party websites, applications, or services, including payment processors, delivery partners, and social media platforms. We are not responsible for the content, privacy practices, or terms of service of any third parties.

11.2 No Endorsement

The inclusion of any third-party links or services does not imply our endorsement or recommendation. You access and use third-party services at your own risk and subject to their respective terms and conditions.

11.3 Delivery Partners

When using third-party delivery services, you acknowledge that delivery personnel are independent contractors and not employees of Guzman y Gomez. We are not responsible for the actions or conduct of delivery partners.

12. Termination

12.1 Termination by Company

We may terminate or suspend your access to our Services at any time, with or without cause, and with or without notice. Reasons for termination may include:

• Violation of these Terms
• Fraudulent or abusive behavior
• Failure to pay outstanding amounts
• Legal or regulatory requirements
• Business discontinuation or restructuring

12.2 Termination by User

You may terminate your account and stop using our Services at any time by contacting customer service. Account deletion may take up to 30 days to process completely.

12.3 Effect of Termination

Upon termination:

• Your right to access and use our Services will cease immediately
• Outstanding payment obligations will remain in effect
• We may retain certain information as required by law or for legitimate business purposes
• Accrued rights and obligations will survive termination

12.4 Survival

The following provisions will survive termination: intellectual property rights, limitation of liability, indemnification, governing law, and dispute resolution.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of New South Wales.

13.2 Dispute Resolution

Before initiating any formal legal proceedings, both parties agree to attempt to resolve disputes through good faith negotiations. If a dispute cannot be resolved within 30 days, either party may pursue formal legal action.

13.3 Limitation Period

Any claim or cause of action arising out of or related to these Terms or our Services must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred.

13.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Changes to Terms

14.1 Right to Modify

We reserve the right to modify or update these Terms at any time without prior notice. Changes may be necessary due to legal requirements, business changes, or service improvements.

14.2 Notification of Changes

When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this document
• Post the revised Terms on our website
• Provide notice through our Services or by email for significant changes
• Allow reasonable time for review before changes take effect

14.3 Acceptance of Changes

Your continued use of our Services after any modifications to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using our Services.

14.4 Review Responsibility

It is your responsibility to review these Terms periodically for any changes. We recommend checking this page regularly to stay informed of any updates.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, constitute the entire agreement between you and us concerning the use of our Services and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any term will be deemed a further or continuing waiver of such term or any other term.

15.4 Assignment

We may assign our rights and obligations under these Terms without notice to you. You may not assign your rights or obligations under these Terms without our prior written consent.

15.5 Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including natural disasters, government actions, labor disputes, or technical failures.

15.6 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.