Terms of Service

1. Introduction and Acceptance

Welcome to Guzman y Gomez ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at guuzmanygomez.com (the "Website") and all related food delivery services, dining services, and other services we provide (collectively, the "Services").

By accessing or using our Website or Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Website or Services.

Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or have parental/guardian consent
• Have the legal capacity to enter into binding contracts
• Reside in a jurisdiction where our Services are available
• Comply with all local, state, and federal laws

Account Responsibility

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Updates to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our Website. Your continued use of our Services after any changes constitutes acceptance of the new Terms.

2. Definitions

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

• "Company," "we," "us," or "our" refers to Guzman y Gomez, a food service business operating in Australia.
• "You," "your," or "User" refers to any individual or entity accessing or using our Services.
• "Services" includes our Website, food delivery services, dining services, catering services, and any other services we provide.
• "Content" means all text, graphics, images, music, software, audio, video, information, or other materials.
• "Website" refers to guuzmanygomez.com and all associated domains and subdomains.
• "Order" means a request for food products or services placed through our Website or other ordering channels.
• "Delivery Zone" refers to geographical areas where we provide delivery services.
• "User Account" means the account created by a User to access certain features of our Services.

3. Use of Services

3.1 Permitted Use

You may use our Services for the following purposes:

• Personal, non-commercial use in accordance with these Terms
• Ordering food products for personal consumption
• Making reservations at our restaurants
• Accessing information about our menu, locations, and services
• Communicating with us regarding our Services

3.2 Prohibited Use

You agree not to:

• Use our Services for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Provide false or misleading information
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our systems
• Use automated systems to access our Services without permission
• Harvest or collect information about other users
• Transmit viruses, malware, or other harmful code
• Engage in any activity that could damage our reputation
• Use our Services to compete with our business
• Resell or redistribute our Services without authorization

4. User Accounts

To access certain features of our Services, you may need to create a User Account.

Registration Requirements

When creating an account, you must:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your login credentials secure and confidential
• Accept responsibility for all activities under your account

Account Limitations

• You may maintain only one account per person
• You may not share your account with others
• You may not create accounts using automated means
• You may not use false information to create accounts

Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

5. Products and Services

Product Information

We strive to provide accurate descriptions of our food products, including ingredients, allergens, and nutritional information. However, we cannot guarantee that all information is completely accurate or up-to-date.

Pricing and Availability

• All prices are listed in Australian Dollars (AUD)
• Prices may change without notice
• Product availability may vary by location and time
• We reserve the right to limit quantities
• Special offers and promotions are subject to terms and conditions

Order Processing

• Orders are subject to acceptance by us
• We may refuse or cancel orders at our discretion
• Order confirmation does not guarantee order fulfillment
• Minimum order requirements may apply for delivery

Payment Terms

• Payment is required at the time of ordering
• We accept major credit cards and other approved payment methods
• You authorize us to charge your payment method for all orders
• Additional fees may apply for certain services

Returns and Refunds

For information about returns and refunds, please refer to our Refund Policy.

6. Food Safety and Quality

Food Safety Standards

We are committed to maintaining the highest food safety standards in accordance with Australian food safety regulations. All our food preparation and handling procedures comply with applicable health and safety requirements.

Allergen Information

Food Quality Guarantee

We guarantee that our food products will:

• Be prepared using fresh, quality ingredients
• Meet our established quality standards
• Be served at appropriate temperatures
• Comply with food safety regulations

Temperature-Sensitive Items

Certain menu items require specific temperature maintenance during delivery. We use appropriate packaging and delivery methods to maintain food safety, but we recommend consuming delivered food promptly upon receipt.

Customer Responsibility

You acknowledge that:

• You are responsible for informing us of any food allergies or dietary restrictions
• You should inspect food upon delivery and report any concerns immediately
• Proper food storage and consumption timing is your responsibility after delivery

7. Delivery Terms

Delivery Zones

Delivery services are available only within our designated delivery zones. Delivery zones may change based on operational capacity and other factors. You can check if your location is within our delivery zone on our Website.

Delivery Times

• Estimated delivery times are provided as guidance only
• Actual delivery times may vary due to weather, traffic, and order volume
• We are not liable for delays beyond our reasonable control
• Orders placed outside operating hours will be fulfilled during the next available time

Delivery Requirements

• Minimum order values may apply for delivery
• Delivery fees are clearly displayed during checkout
• Someone must be available to receive the order at the delivery address
• Valid identification may be required for alcohol deliveries (where applicable)

Failed Delivery

If delivery cannot be completed due to:

• Incorrect or incomplete address information
• No one available to receive the order
• Unsafe delivery conditions
• Customer unavailability

Additional fees may apply for redelivery, or the order may be cancelled with charges retained.

Order Modification and Cancellation

• Orders may be modified or cancelled only before preparation begins
• Once food preparation has started, orders cannot be cancelled
• Cancellation and modification policies are subject to our discretion
• Refunds for cancelled orders are processed according to our Refund Policy

8. Intellectual Property

Our Intellectual Property

All content on our Website and related to our Services, including but not limited to text, graphics, logos, images, software, and audio-visual materials, is owned by or licensed to Guzman y Gomez and is protected by intellectual property laws.

Trademarks

The Guzman y Gomez name, logo, and all related marks are trademarks of our company. You may not use our trademarks without our prior written consent.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. This license does not permit you to:

• Reproduce, distribute, or publicly display our content
• Create derivative works from our content
• Use our content for commercial purposes
• Remove or modify copyright notices

User Content License

When you submit content to our Services (reviews, comments, photos), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with our Services.

Copyright Infringement

If you believe that content on our Website infringes your copyright, please contact us with the following information:

• Description of the copyrighted work
• Location of the allegedly infringing material
• Your contact information
• Statement of good faith belief
• Statement that the information is accurate
• Authorized signature

9. User Content

Content Responsibility

You are solely responsible for any content you submit, post, or transmit through our Services. This includes reviews, comments, photos, and any other materials.

Prohibited Content

You may not submit content that:

• Is unlawful, harmful, threatening, abusive, or defamatory
• Violates intellectual property rights
• Contains false or misleading information
• Is obscene, pornographic, or sexually explicit
• Promotes illegal activities
• Contains viruses or malicious code
• Violates the privacy of others
• Is spam or unsolicited commercial communication

Content Monitoring

While we are not obligated to monitor user content, we reserve the right to:

• Review and moderate content before or after posting
• Remove or edit content that violates these Terms
• Suspend or terminate accounts that violate content policies
• Cooperate with law enforcement regarding illegal content

No Endorsement

We do not endorse any user content and are not responsible for the accuracy, completeness, or usefulness of such content.

10. Disclaimers

Service Availability

Our Services are provided on an "as is" and "as available" basis. We do not warrant that:

• Our Services will be uninterrupted or error-free
• All information on our Website is accurate or complete
• Our Services will meet your specific requirements
• Any defects will be corrected promptly

Third-Party Content

We are not responsible for third-party content, including content provided by delivery partners, payment processors, or other service providers.

Nutritional Information

Nutritional information provided is approximate and may vary based on preparation methods, ingredients, and portion sizes. Consult with healthcare professionals for specific dietary advice.

Professional Advice

Our Services do not constitute medical, nutritional, or professional advice. Always consult qualified professionals for specific recommendations related to your health or dietary needs.

11. Limitation of Liability

Maximum Liability

To the maximum extent permitted by law, our total liability to you for any claim arising from or related to these Terms or our Services shall not exceed the amount you paid to us in the 12 months preceding the claim.

Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Business interruption
• Loss of goodwill or reputation
• Personal injury (except where prohibited by law)

Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, strikes, or technical failures.

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies rights or remedies available under Australian Consumer Law where such exclusion would be prohibited.

12. Indemnification

You agree to indemnify, defend, and hold harmless Guzman y Gomez, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

• Your violation of these Terms
• Your use of our Services
• Your violation of any third-party rights
• Any content you submit or transmit
• Your negligent or wrongful conduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. This indemnification obligation survives termination of these Terms.

13. Third-Party Links and Services

Our Services may contain links to third-party websites or integrate with third-party services. We are not responsible for:

• The content or practices of third-party websites
• The privacy policies of third parties
• The quality or reliability of third-party services
• Any transactions with third parties

Your use of third-party services is subject to their respective terms and conditions. We do not endorse any third-party products or services.

14. Termination

Termination by Company

We may terminate or suspend your access to our Services immediately, without prior notice, if you:

• Violate any provision of these Terms
• Engage in fraudulent or illegal activities
• Abuse our Services or staff
• Fail to pay amounts owed

Termination by User

You may terminate your use of our Services at any time by discontinuing use and, if applicable, deleting your account.

Effect of Termination

Upon termination:

• Your right to use our Services ceases immediately
• We may delete your account and data
• Outstanding payment obligations remain
• Certain provisions of these Terms survive termination

Survival

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

15. Governing Law and Disputes

Governing 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.

Jurisdiction

Any legal proceedings arising from these Terms or our Services shall be brought exclusively in the courts of New South Wales, Australia. You consent to the jurisdiction of such courts.

Dispute Resolution

Before initiating any legal proceedings, we encourage you to contact us to resolve disputes amicably. We will make reasonable efforts to resolve complaints within 30 days of receiving notice.

Consumer Rights

Nothing in this section affects your rights as a consumer under applicable Australian consumer protection laws.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes may be made for various reasons, including:

• Legal or regulatory changes
• Changes to our Services
• Security or operational improvements
• Clarification of existing terms

Notification of Changes

We will notify you of material changes by:

• Posting updated Terms on our Website
• Updating the "Last Modified" date
• Email notification for significant changes (if applicable)

Your continued use of our Services after changes become effective constitutes acceptance of the revised Terms.

17. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Guzman y Gomez regarding your use of our Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

Assignment

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

Force Majeure

We are not liable for any delay or failure to perform resulting from causes outside our reasonable control.

Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

18. Contact Information

Company Details

Guzman y Gomez
Shop 7.07-7.08/25 Martin Pl
Sydney NSW 2000
Australia

Contact Methods

• Phone: +61 2 9182 5880
• Email: [email protected]
• Website: guuzmanygomez.com

Response Times

We strive to respond to all inquiries within 2 business days. For urgent matters related to food safety or order issues, please call us directly.

Legal Notices

All legal notices should be sent in writing to our registered address or legal email address. Electronic communications are acceptable for general inquiries but may not be sufficient for legal notices.