Terms of Service

Effective Date: May 21, 2026  |  Last Updated: May 21, 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 ("we," "us," "our," or "the Company"), the operator of gozmangomez.com (the "Website"). By accessing or using the Website, placing an order for food or beverages, registering for an account, participating in any promotional activity, or otherwise engaging with any service offered through the Website or our physical locations, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all users of the Website and services, including without limitation browsers, customers, vendors, merchants, and contributors of content. 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 such entity to these Terms, and in such case the terms "you" or "your" shall refer to that entity.

Guzman y Gomez reserves the right to update, modify, or replace any part of these Terms at any time and at its sole discretion. It is your responsibility to review these Terms periodically for changes. Your continued use of the Website or services following the posting of any changes to these Terms constitutes acceptance of those changes.

2. About Guzman y Gomez

Guzman y Gomez is a quick-service restaurant brand operating across Australia, offering Mexican-inspired food and beverages including burritos, tacos, nachos, bowls, and other menu items. Our Website provides customers with the ability to browse our menu, place online orders for pickup or delivery, access nutritional information, participate in our loyalty and rewards programs, and engage with promotional campaigns and other services.

Contact details for Guzman y Gomez are as follows:

3. Description of Services

Guzman y Gomez provides the following services through the Website and associated platforms:

• Online Food Ordering: Customers may browse our current menu and place orders for food and beverages for collection at a selected restaurant location or for delivery via third-party delivery partners.
• Loyalty and Rewards Programs: Registered users may participate in our loyalty program, which may include the accumulation of points, access to exclusive offers, and redemption of rewards at participating locations.
• Menu and Nutritional Information: The Website provides information about our menu items, ingredients, allergens, and nutritional content to assist customers in making informed choices.
• Promotions and Special Offers: From time to time, we may offer limited-time promotions, discounts, and special deals accessible through the Website or associated mobile applications.
• Customer Support: We provide customer support services via email and other communication channels to assist with enquiries, complaints, and feedback.
• Account Registration and Management: Users may create personal accounts to manage their orders, preferences, loyalty points, and personal information.
• Catering and Group Orders: The Website may facilitate catering enquiries and orders for larger groups or corporate events, subject to availability and additional terms.

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

4. Eligibility and Account Registration

To use certain features of the Website, including placing online orders and participating in loyalty programs, you may be required to register for an account. By creating an account, you represent and warrant that:

• You are at least 18 years of age, or if you are under 18, you have obtained the consent of a parent or legal guardian to use our services;
• All registration information you provide is accurate, current, and complete;
• You will maintain and promptly update your account information to keep it accurate and current;
• You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password;
• You are responsible for all activities that occur under your account;
• You will notify us immediately at [email protected] of any unauthorised use of your account or any other breach of security.

Guzman y Gomez reserves the right to suspend or terminate accounts that contain inaccurate information, or that are used in violation of these Terms.

5. User Obligations and Prohibited Activities

By using the Website and our services, you agree to use them only for lawful purposes and in a manner consistent with these Terms, applicable laws, and any guidelines or policies we may publish from time to time.

5.1 User Obligations

You agree to:

• Provide accurate and truthful information when registering for an account or placing an order;
• Use the Website and services in compliance with all applicable Australian federal, state, and territory laws and regulations;
• Respect the intellectual property rights of Guzman y Gomez and third parties;
• Treat our staff, representatives, and other customers with respect and courtesy;
• Pay all charges and fees associated with your orders in a timely manner;
• Notify us promptly of any changes to your contact or payment details.

5.2 Prohibited Activities

You agree not to engage in any of the following activities:

• Using the Website for any unlawful, fraudulent, or deceptive purpose;
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
• Attempting to gain unauthorised access to any part of the Website, server, or network connected to the Website;
• Transmitting any harmful, offensive, defamatory, obscene, or otherwise objectionable content through the Website;
• Introducing any viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material to the Website;
• Using any automated data gathering or extraction tools, including bots, scrapers, or spiders, to collect information from the Website without our prior written consent;
• Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Website or services without our express written permission;
• Using the Website to post or transmit unsolicited commercial communications (spam);
• Interfering with or disrupting the integrity or performance of the Website or any systems or networks connected to it;
• Circumventing, disabling, or interfering with any security features of the Website;
• Creating multiple accounts for the purpose of abusing promotions, rewards programs, or other offers;
• Engaging in any conduct that could damage the reputation of Guzman y Gomez or bring us into disrepute.

Any breach of these obligations may result in the immediate suspension or termination of your account and access to our services, and may expose you to civil or criminal liability.

6. Ordering, Pricing, and Payment Terms

6.1 Online Orders

When you place an order through our Website, you are making an offer to purchase the selected food and beverages at the price displayed. We reserve the right to accept or decline your order for any reason, including but not limited to product unavailability, errors in pricing, or suspected fraud. Your order will be confirmed once you receive a confirmation notification via the Website or email.

6.2 Pricing

All prices displayed on the Website are in Australian Dollars (AUD) and are inclusive of applicable Goods and Services Tax (GST) as required under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Prices are subject to change without notice. The price charged for your order will be the price displayed at the time you complete your purchase.

6.3 Payment Methods

We accept various payment methods as indicated on the Website at the time of checkout, which may include credit cards, debit cards, and digital payment platforms. By providing payment information, you represent and warrant that you are authorised to use the designated payment method and that you authorise us to charge the full order amount using that payment method.

6.4 Delivery and Third-Party Partners

Where delivery services are offered, such services may be fulfilled by third-party delivery partners. We are not responsible for the acts or omissions of third-party delivery providers. Delivery fees, estimated delivery times, and availability may vary. Additional terms and conditions of third-party providers may apply.

6.5 Refunds and Cancellations

Our refund and cancellation policies are subject to our obligations under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL"). We will provide refunds or replacements where required by law. If you have a complaint about an order, please contact us at [email protected] within a reasonable time of receiving your order. We will assess each claim on a case-by-case basis in accordance with applicable law.

7. Australian Consumer Law Guarantees

Our food and services come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies to which you may be entitled under the ACL or any other applicable Australian law that cannot be excluded, restricted, or modified by agreement. To the extent that any provision of these Terms is inconsistent with any non-excludable guarantee, condition, or warranty under the ACL or any other applicable law, these Terms shall be deemed amended to the extent necessary to give effect to such non-excludable rights.

8. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation thereof ("Content"), is the property of Guzman y Gomez or its content suppliers and is protected by applicable Australian and international intellectual property laws, including the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), and the Patents Act 1990 (Cth).

The Guzman y Gomez name, logo, and all related marks, logos, product names, and service names are trademarks or registered trademarks of Guzman y Gomez or its affiliates. You may not use any of our trademarks without our prior written consent. All other trademarks not owned by us that appear on the Website are the property 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 its Content solely for your personal, non-commercial purposes. This licence does not include any right to:

• Reproduce, distribute, publicly display, publicly perform, or create derivative works of any Content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Download or copy any Content for commercial use;
• Use the Website or its Content in any way that infringes the intellectual property rights of Guzman y Gomez or any third party.

Any unauthorised use of the Website or its Content may violate copyright, trademark, and other applicable laws and could result in civil or criminal penalties.

9. User-Generated Content

If you submit reviews, comments, feedback, suggestions, or other content through the Website or associated social media platforms ("User Content"), you grant Guzman y Gomez a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that you own or otherwise control all rights to the User Content you submit, that such User Content is accurate, and that use of your User Content does not violate these Terms or applicable law and will not cause injury to any person or entity. We reserve the right to remove or decline to publish any User Content for any reason at our sole discretion.

10. Privacy and Data Protection

Guzman y Gomez is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) contained therein. Our Privacy Policy, available on the Website, sets out how we collect, use, disclose, and manage your personal information. By using the Website and our services, you consent to the collection and use of your personal information as described in our Privacy Policy.

We may use cookies and other tracking technologies to enhance your experience on the Website. For more information about our use of cookies, please refer to our Privacy Policy and Cookie Policy.

11. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Guzman y Gomez. We provide such links for your convenience only and have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites or services, including the accuracy, reliability, or completeness of any content found therein. You acknowledge that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available through any third-party websites or services.

12. Disclaimers and As-Is Basis

To the maximum extent permitted by applicable law, including the ACL, the Website and all Content, services, and features provided through the Website are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement;
• Warranties that the Website will be uninterrupted, error-free, or free of viruses or other harmful components;
• Warranties regarding the accuracy, reliability, timeliness, or completeness of any Content on the Website, including menu information, pricing, and nutritional data;
• Warranties that defects in the Website will be corrected.

Guzman y Gomez does not warrant that the Website is appropriate or available for use in any particular location. Those who choose to access the Website from outside Australia do so on their own initiative and are responsible for compliance with local laws, to the extent local laws are applicable.

Nutritional and allergen information provided on the Website is intended as a guide only. Menu items may be subject to change, and ingredient variations may occur. Customers with food allergies or intolerances should consult our staff directly before placing an order. Guzman y Gomez does not guarantee that any menu item is free from any particular allergen.

13. Limitation of Liability

To the maximum extent permitted by applicable law, including the ACL, Guzman y Gomez, its directors, officers, employees, agents, affiliates, suppliers, and licensors shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Damages arising from your use of or inability to use the Website or services;
• Damages resulting from unauthorised access to or alteration of your transmissions or data;
• Damages resulting from your reliance on any Content obtained through the Website;
• Damages caused by the conduct of third parties in connection with the services.

Where liability cannot be excluded under the ACL or any other applicable law, our liability is limited, at our option, to:

• In the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired;
• In the case of services: the re-supply of the services, or the payment of the cost of having the services re-supplied.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, condition, or warranty, the exclusion, restriction, or modification of which would contravene any applicable provision of the ACL or any other law and would cause any part of these Terms to be void.

14. Indemnification

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

• Your use of or inability to use the Website or services;
• Your breach of any provision of these Terms;
• Your violation of any applicable law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any User Content you submit, post, or transmit through the Website;
• Any misrepresentation made by you;
• Your wilful misconduct or negligence.

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.

15. Governing Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the State of New South Wales, Australia, and the applicable laws of the Commonwealth of Australia, without regard to its conflict of law provisions.

Subject to the dispute resolution provisions set out in Section 16, you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and any courts competent to hear appeals therefrom, in respect of any dispute or claim arising out of or in connection with these Terms or your use of the Website and services.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

16. Dispute Resolution

16.1 Initial Resolution

We are committed to resolving disputes in a fair and timely manner. If you have a dispute, complaint, or concern arising out of or in connection with these Terms or our services, we encourage you to contact us first at [email protected] to give us an opportunity to resolve the matter informally. We will endeavour to respond to your complaint within a reasonable time.

16.2 Mediation

If a dispute cannot be resolved informally within thirty (30) days of the initial complaint being raised, either party may refer the dispute to mediation. The parties agree to engage in good-faith mediation before resorting to arbitration or litigation. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

16.3 External Dispute Resolution

Consumers may also refer disputes to relevant external bodies, including but not limited to:

• The Australian Competition and Consumer Commission (ACCC) for matters relating to consumer protection and competition law;
• The relevant state or territory Fair Trading authority;
• The Office of the Australian Information Commissioner (OAIC) for privacy-related complaints.

16.4 Litigation

If a dispute cannot be resolved through informal negotiation or mediation, the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, as set out in Section 15.

17. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or our services, or maintain an account with us. We reserve the right, at our sole discretion, to:

• Suspend or terminate your account and access to the Website and services at any time, with or without notice, for any reason, including if we reasonably believe that you have violated any provision of these Terms;
• Modify, suspend, or discontinue the Website or any part thereof at any time, with or without notice.

Upon termination of your account:

• Your right to access and use the Website and services will immediately cease;
• Any accumulated loyalty points or rewards may be forfeited, subject to applicable law;
• Any outstanding payment obligations shall remain due and payable.

You may terminate your account at any time by contacting us at [email protected]. Sections of these Terms that by their nature should survive termination, including but not limited to intellectual property, indemnification, limitation of liability, and governing law provisions, shall survive any termination of these Terms.

18. Changes to These Terms

Guzman y Gomez reserves the right to amend, update, or replace these Terms at any time and at our sole discretion. We will notify users of any material changes by:

• Posting the revised Terms on the Website with an updated "Last Updated" date;
• Sending an email notification to registered users at their nominated email address; and/or
• Displaying a prominent notice on the Website.

It is your responsibility to review these Terms periodically. Your continued use of the Website or services following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must discontinue your use of the Website and services and, if applicable, close your account.

19. Force Majeure

Guzman y Gomez shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, floods, fires, earthquakes, epidemics, pandemics, war, terrorism, civil unrest, strikes, labour disputes, government actions, power failures, internet service disruptions, or any other event of force majeure. In such circumstances, our obligations will be suspended for the duration of the force majeure event.

20. Severability

If any provision of these Terms is found by a court or other tribunal of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law, such provision shall be deemed severed from these Terms to the minimum extent necessary. The remaining provisions of these Terms shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Such invalidity, illegality, or unenforceability shall not affect the validity or enforceability of any other provision of these Terms.

21. Waiver

No failure or delay by Guzman y Gomez in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

22. Entire Agreement

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

In the event of any conflict or inconsistency between these Terms and any other document or communication, these Terms shall prevail unless expressly stated otherwise in writing by an authorised representative of Guzman y Gomez.

23. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Guzman y Gomez may freely assign or transfer its rights and obligations under these Terms to any affiliate, successor, or purchaser of all or substantially all of our business assets, without restriction and without notice to you.

24. Notices

Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed to have been duly given when:

• Delivered by email to the email address provided at registration (for notices to you) or to [email protected] (for notices to us);
• Posted on the Website (for general notices to all users).

Email notices shall be deemed received on the date the email is sent, provided no delivery failure notification is received by the sender.

25. Accessibility

Guzman y Gomez is committed to making our Website accessible to all users, including persons with disabilities, in accordance with applicable accessibility standards. If you experience any difficulty accessing content on our Website, please contact us at [email protected] and we will endeavour to assist you.

26. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, or if you wish to exercise any rights available to you under applicable law, please contact us using the details below:

We will endeavour to respond to all enquiries within five (5) business days. For urgent matters relating to food safety or health concerns, please contact the relevant Australian food safety authority in your state or territory.