Terms of Service

1. Introduction and Acceptance of Terms

1.1 Agreement to Terms

Welcome to Guzman y Gomez. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Guzman y Gomez ("Company," "we," "us," "our") governing your access to and use of our website located at guzmaanygomez.top, our mobile applications, and all related services, features, content, and functionality offered through our platforms (collectively, the "Services").

By accessing or using our Services, placing an order, creating an account, or otherwise engaging with our platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using our Services and refrain from accessing our website or applications.

1.2 Eligibility Requirements

To use our Services, you must meet the following eligibility requirements:

• You must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is higher
• You must have the legal capacity to enter into binding contracts under applicable law
• You must not be prohibited from using our Services under any applicable laws or regulations
• You must be located within our service delivery areas within Australia
• If you are using our Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms

1.3 Account Responsibility

When you create an account with us, you are 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. We reserve the right to suspend or terminate your account if we suspect unauthorized or fraudulent activity.

1.4 Updates to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. When we make material changes, we will notify you by posting the updated Terms on our website with a new "Last Updated" date, and where required by law, we may also send you an email notification. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms. We encourage you to periodically review these Terms to stay informed about our policies.

2. Definitions

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

• "Company," "We," "Us," "Our" refers to Guzman y Gomez, including its subsidiaries, affiliates, officers, directors, employees, agents, and representatives.
• "User," "You," "Your" refers to any individual or entity accessing or using our Services, including customers, visitors, and account holders.
• "Services" refers to all products, services, features, content, applications, and functionality offered by Guzman y Gomez, including but not limited to our website, mobile applications, food ordering, delivery services, catering, and customer support.
• "Content" refers to all text, graphics, images, photographs, videos, audio, data, information, and other materials displayed on or available through our Services.
• "Website" refers to our internet website located at guzmaanygomez.top and all associated subdomains and pages.
• "Order" refers to any request placed by you for food, beverages, or other products through our Services.
• "Delivery Zone" refers to the geographic areas within which we offer delivery services.
• "User Content" refers to any content, including reviews, comments, feedback, or other materials, that you submit or post through our Services.

3. Use of Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial purposes. You agree to:

• Use our Services only for lawful purposes and in accordance with these Terms
• Provide accurate, current, and complete information when creating an account or placing orders
• Maintain and promptly update your account information to keep it accurate and complete
• Comply with all applicable federal, state, local, and international laws and regulations
• Respect the rights and dignity of other users, our staff, and delivery personnel
• Use our Services in a manner that does not interfere with or disrupt the Services or servers

3.2 Prohibited Use

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

• Illegal Activities: Using our Services for any purpose that is unlawful, fraudulent, or prohibited by these Terms, including but not limited to money laundering, tax evasion, or any other criminal activity
• Harmful or Malicious Behavior: Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful code that could damage, interfere with, or compromise our Services or users' devices
• Unauthorized Access: Attempting to gain unauthorized access to any portion of our Services, other users' accounts, computer systems, or networks connected to our Services through hacking, password mining, or any other means
• Intellectual Property Violations: Copying, modifying, distributing, selling, or leasing any part of our Services or included software, or reverse engineering or attempting to extract the source code of our software
• Spam and Unsolicited Communications: Sending unsolicited advertising, promotional materials, spam, chain letters, or any other form of solicitation through our Services
• False Information: Providing false, misleading, or inaccurate information, including using fake names, addresses, or payment information
• System Interference: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with the proper working of our Services
• Impersonation: Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity
• Data Mining: Using any automated means, including robots, spiders, or scrapers, to access our Services for any purpose without our express written permission
• Circumvention: Attempting to bypass, disable, or circumvent any security features or access controls of our Services

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, including placing orders, you may be required to create an account. When registering, you must provide accurate, current, and complete information as requested in the registration form. You agree to update your information promptly to maintain its accuracy.

4.2 Account Security Responsibility

You are solely responsible for safeguarding your account credentials, including your password, and for any activities or actions under your account, whether or not you have authorized such activities or actions. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account by contacting us at [email protected].

4.3 Accurate Information

You represent and warrant that all information you provide to us is true, accurate, current, and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of our Services.

4.4 One Account Per Person

Each user may maintain only one active account. Creating multiple accounts is prohibited and may result in the suspension or termination of all associated accounts. If you believe your account has been compromised, please contact us immediately to resolve the issue.

4.5 Account Termination Rights

We reserve the right to suspend, disable, or terminate your account at any time, with or without cause, and with or without notice, including but not limited to situations where we believe you have violated these Terms, engaged in fraudulent activity, or posed a risk to our Services or other users.

5. Food Service Terms and Conditions

5.1 Food Safety and Hygiene Standards

Guzman y Gomez is committed to maintaining the highest standards of food safety and hygiene. We comply with all applicable food safety regulations, including but not limited to:

• Australia New Zealand Food Standards Code
• State and territory food safety legislation
• HACCP (Hazard Analysis Critical Control Points) principles
• Regular health inspections and certifications
• Staff training in food handling and safety procedures

5.2 Allergen Information Disclaimer

If you have food allergies or dietary restrictions, please inform us before placing your order. We strongly recommend that individuals with severe allergies or anaphylaxis consult with their healthcare provider before consuming our products. Menu item ingredients may change without notice, and we encourage you to verify allergen information with our staff at the time of ordering.

5.3 Product Descriptions and Accuracy

We make every effort to display our products as accurately as possible on our website and menu materials. However, the actual appearance of food items may vary from photographs due to factors such as seasonal ingredient availability, portion presentation, and display settings on your device. Product descriptions are provided for informational purposes, and minor variations may occur.

5.4 Pricing and Availability

All prices displayed on our website are in Australian Dollars (AUD) and include applicable taxes unless otherwise stated. We reserve the right to modify prices at any time without prior notice. Menu items are subject to availability and may vary by location. If an item becomes unavailable after you place an order, we will notify you promptly and offer alternatives or a refund.

5.5 Order Acceptance and Cancellation

Your placement of an order constitutes an offer to purchase our products. We reserve the right to accept or decline your order for any reason. An order is not considered accepted until we send you an order confirmation. You may cancel or modify your order within five (5) minutes of placement, subject to the following conditions:

• Cancellation requests must be made by contacting us immediately at +61 8 8223 3526
• Once food preparation has begun, cancellations may not be possible
• Refunds for cancelled orders will be processed according to our Refund Policy

5.6 Minimum Order Requirements

Delivery orders may be subject to minimum order requirements that vary by location and delivery distance. The minimum order amount will be clearly displayed during the checkout process. Orders that do not meet the minimum requirement may not be eligible for delivery, but may be available for pickup.

5.7 Delivery Terms and Timing

Delivery times provided are estimates only and are not guaranteed. Actual delivery times may vary based on factors including:

• Order volume and kitchen capacity
• Traffic conditions and weather
• Distance from our restaurant to your delivery address
• Accuracy of delivery address provided
• Availability of delivery personnel

We will make reasonable efforts to deliver your order within the estimated timeframe. If significant delays occur, we will attempt to notify you and provide updated delivery estimates.

5.8 Delivery Zone Restrictions

Delivery services are available only within designated delivery zones. Delivery zones may vary by restaurant location and are subject to change. During checkout, you will be notified if your address falls outside our delivery area. We are not responsible for failed deliveries due to incorrect address information provided by you.

5.9 Food Quality Guarantee

We stand behind the quality of our food. If you are not satisfied with your order due to quality issues, incorrect items, or missing items, please contact us within one (1) hour of delivery or pickup. We will work with you to resolve the issue, which may include replacement of items, credit toward future orders, or a refund at our discretion.

5.10 Temperature-Sensitive Item Handling

Our food is prepared fresh and is intended to be consumed promptly upon delivery or pickup. We use insulated packaging and temperature-controlled delivery methods to maintain food quality during transit. However, we cannot guarantee food temperature upon arrival for orders that experience extended delivery times or delays due to circumstances beyond our control. For food safety reasons, we recommend consuming delivered food within two (2) hours of receipt.

6. Payment Terms

6.1 Accepted Payment Methods

We accept the following payment methods for online orders:

• Major credit cards (Visa, Mastercard, American Express)
• Debit cards with Visa or Mastercard logos
• Digital payment services (PayPal, Apple Pay, Google Pay)
• Gift cards and promotional credits

6.2 Payment Authorization

By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order, including applicable taxes, delivery fees, and service charges. We may verify payment information before processing your order.

6.3 Pricing Errors

In the event of a pricing error on our website, we reserve the right to cancel any orders placed at the incorrect price. If your order is cancelled due to a pricing error, we will notify you and provide a full refund for any payments made.

7. Intellectual Property Rights

7.1 Our Ownership Rights

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

7.2 Trademark Rights

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 may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

7.3 Limited License to Users

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services and to view, download, and print content from our Services solely for your personal, non-commercial use. This license does not include:

• Any resale or commercial use of our Services or content
• Any collection and use of product listings, descriptions, or prices
• Any derivative use of our Services or 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

7.4 Copyright Infringement Reporting

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

8. User Content

8.1 Responsibility for Your Content

You are solely responsible for any content that you submit, post, or transmit through our Services, including reviews, comments, feedback, photos, and other materials ("User Content"). You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content.

8.2 License Grant to Company

By submitting User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with our Services and business operations, including for promotional and marketing purposes.

8.3 Prohibited Content

You agree not to submit User Content that:

• Is false, misleading, defamatory, obscene, or offensive
• Infringes any third party's intellectual property or privacy rights
• Contains viruses, malware, or other harmful code
• Promotes illegal activities or violates applicable laws
• Constitutes harassment, abuse, or threats toward any person
• Contains spam, advertising, or promotional content

8.4 Right to Remove Content

We reserve the right, but have no obligation, to monitor, edit, or remove any User Content at our sole discretion, for any reason or no reason, including User Content that we believe violates these Terms or may be offensive, illegal, or violate the rights of any third party.

8.5 No Endorsement of User Content

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. User Content does not reflect the views of Guzman y Gomez, and we expressly disclaim any liability in connection with User Content.

9. Disclaimers

9.1 "As Is" Service Provision

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Warranty of Uninterrupted Service

We do not warrant that our Services will be uninterrupted, timely, secure, or error-free, that the results obtained from use of our Services will be accurate or reliable, or that any errors in our Services will be corrected. We do not guarantee that our Services will be free from viruses or other harmful components.

9.3 Third-Party Content Disclaimer

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by us. We 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 warrant the offerings of any of these entities or individuals or their websites.

9.4 Professional Advice Disclaimer

Nothing in our Services constitutes medical, nutritional, or professional advice. Always seek the advice of qualified health providers with any questions you may have regarding dietary needs, food allergies, or medical conditions.

10. Limitation of Liability

10.1 Maximum Liability Limits

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUZMAN Y GOMEZ, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SERVICES.

10.2 Excluded Damages

Our liability shall be limited to the greater of: (a) the amount you paid to us for the specific order or transaction giving rise to the claim; or (b) one hundred Australian dollars ($100 AUD). This limitation applies regardless of the legal theory on which the claim is based.

10.3 Essential Purpose Failure

The limitations set forth in this section shall apply even if any limited remedy provided herein fails of its essential purpose, and even if we have been advised of the possibility of such damages.

10.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. If you are a consumer in Australia, nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred under the Australian Consumer Law.

11. Indemnification

11.1 User Indemnification of Company

You agree to defend, indemnify, and hold harmless Guzman y Gomez, its affiliates, and their respective directors, officers, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to our Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party
• Your breach of any representations or warranties made in these Terms

11.2 Defense and Settlement Rights

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter without our prior written consent.

11.3 Survival of Indemnification

This indemnification obligation shall survive the termination of these Terms and your use of our Services.

12. Third-Party Links and Services

12.1 No Responsibility for Third Parties

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Guzman y Gomez. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

12.2 Third-Party Terms Apply

Your interactions with third-party websites, applications, or services are governed solely by the terms and policies of those third parties. We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

12.3 No Endorsement

The inclusion of any link to a third-party website or service does not imply our endorsement, sponsorship, or recommendation of that website or service. We are not responsible for any loss or damage arising from your use of or reliance on any third-party websites, services, or content.

13. Termination

13.1 Company Right to Terminate

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms. Upon termination, your right to use our Services will immediately cease.

13.2 User Right to Terminate

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Please note that termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for orders placed.

13.3 Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately terminate. You will lose access to your account and any associated data, credits, or rewards. We are not obligated to maintain, return, or provide any data from your account after termination.

13.4 Survival of Provisions

The following provisions shall survive termination: Intellectual Property Rights, User Content, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Disputes, and any other provisions that by their nature should survive termination.

14. Governing Law and Disputes

14.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Australia and the Commonwealth of Australia, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14.2 Dispute Resolution Process

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our Services, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through good-faith negotiation within thirty (30) days.

14.3 Mediation

If informal resolution is unsuccessful, the parties agree to participate in mediation administered by a mutually agreed mediator before commencing any court proceedings. The costs of mediation shall be shared equally between the parties.

14.4 Jurisdiction and Venue

Any legal action or proceeding relating to these Terms or your use of our Services shall be brought exclusively in the courts of South Australia, and you hereby consent to the personal jurisdiction and venue of such courts. You waive any objection to the laying of venue and any claim of inconvenient forum.

14.5 Time Limitation

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 such claim or cause of action arose, or be forever barred.

15. Changes to Terms

15.1 Right to Modify

We reserve the right to modify these Terms at any time, in our sole discretion. We will provide notice of material changes by updating the "Last Updated" date at the top of these Terms and, where required by law, by sending you an email notification or displaying a prominent notice on our website.

15.2 Notification of Changes

We encourage you to periodically review these Terms to stay informed of any updates. Material changes will become effective thirty (30) days after posting, unless we specify otherwise. Non-material changes will become effective immediately upon posting.

15.3 Continued Use Equals Acceptance

Your continued use of our Services after the effective date of any modifications to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our Services and close your account.

15.4 Review Responsibility

It is your responsibility to check these Terms periodically for changes. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Refund Policy, constitute the entire agreement between you and Guzman y Gomez regarding your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Guzman y Gomez. Any waiver shall apply only to the specific instance and shall not constitute a continuing waiver.

16.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, in whole or in part, without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 Headings for Convenience

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

16.7 Relationship of Parties

Nothing in these Terms shall be construed to create a joint venture, partnership, agency, or employment relationship between you and Guzman y Gomez. You have no authority to bind us in any respect.

17. Contact Information