Terms of Service
Please read these terms carefully before using our website and services
Last Updated: January 15, 2025 | Effective Date: January 15, 2025
Welcome to Guzman y Gomez. These Terms of Service ("Terms") govern your access to and use of our website (guzmanygomeez.com), mobile applications, and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1Acceptance of Terms
By accessing our website, placing an order, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
Eligibility
- You must be at least 16 years old to use our services
- If you are under 18, you must have parental or guardian consent
- You must provide accurate and complete information when creating an account
- You are responsible for maintaining the confidentiality of your account
Account Responsibilities
When you create an account with us, you agree to:
- Provide accurate, current, and complete registration information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities under your account
2Use of Services
Our services are provided for your personal, non-commercial use. You agree to use our services only for lawful purposes and in accordance with these Terms.
Permitted Uses
- Browsing our menu and restaurant information
- Placing orders for food and beverages
- Managing your account and order history
- Participating in loyalty programs and promotions
- Contacting customer support
â ī¸ Prohibited Activities
You may NOT use our services to: engage in fraudulent activity, attempt to gain unauthorized access, distribute malware or harmful code, scrape or harvest data, impersonate others, violate any applicable laws, or interfere with the operation of our services.
3Orders and Payments
Placing Orders
When you place an order through our website or app, you are making an offer to purchase the selected items. We reserve the right to accept or decline your order at our discretion.
- All orders are subject to availability
- Prices are displayed in Australian Dollars (AUD)
- We may modify or discontinue menu items without notice
- Order confirmation does not guarantee availability
Pricing and Payment
We strive to ensure all prices displayed are accurate. However, errors may occur. If we discover a pricing error, we will contact you before processing your order.
Payment Methods Accepted
We accept Visa, Mastercard, American Express, PayPal, Apple Pay, Google Pay, and cash (in-store only). All online payments are processed securely through encrypted connections.
Cancellations and Refunds
- Orders may be cancelled within 2 minutes of placement
- After preparation begins, orders cannot be cancelled
- Refunds for quality issues will be assessed case-by-case
- Refunds are processed within 5-10 business days
4Intellectual Property Rights
All content on our website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Guzman y Gomez or its content suppliers and is protected by Australian and international copyright laws.
Our Trademarks
- "Guzman y Gomez" name and logo are registered trademarks
- GYG branding and visual identity elements are protected
- Menu item names and descriptions are proprietary
- Marketing materials and promotional content are copyrighted
âšī¸ Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. This license does not include the right to: reproduce, distribute, modify, or create derivative works from our content; use our trademarks without written permission; or use any automated tools to access our services.
User Content
By submitting content to our website (such as reviews, photos, or feedback), you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and distribute such content for business purposes.
5Limitation of Liability
To the maximum extent permitted by law, Guzman y Gomez and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.
â ī¸ Important Disclaimer
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that our services will be uninterrupted, secure, or error-free.
Specific Limitations
- We are not liable for delays in delivery due to circumstances beyond our control
- We are not responsible for third-party delivery service issues
- Our total liability shall not exceed the amount you paid for the specific order
- We are not liable for allergic reactions if allergen information was provided
Allergen Information
While we take precautions, our food is prepared in kitchens containing allergens. If you have food allergies or sensitivities, please inform our staff. We cannot guarantee that any menu item is completely free from allergens.
6Indemnification
You agree to indemnify, defend, and hold harmless Guzman y Gomez and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit to our services
- Your negligent or wrongful conduct
7Third-Party Links and Services
Our website may contain links to third-party websites 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.
Third-Party Services We Use
We partner with delivery services (such as Uber Eats, DoorDash, Menulog), payment processors, and analytics providers. Your use of these services is subject to their respective terms and conditions.
8Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any modifications indicates your acceptance of the updated Terms.
- We will notify registered users of significant changes via email
- The "Last Updated" date will be revised with each change
- You are responsible for reviewing these Terms periodically
9Termination
We may terminate or suspend your access to our services immediately, without prior notice, for any reason, including:
- Breach of these Terms of Service
- Fraudulent or illegal activity
- Conduct that we believe is harmful to other users or our business
- Extended periods of account inactivity
Upon termination, your right to use our services will cease immediately. All provisions that should survive termination shall survive, including intellectual property rights, disclaimers, and limitations of liability.
10Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Jurisdiction
You agree that any dispute arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
Dispute Resolution Process
Step 1: Contact our customer service team to resolve the issue informally.
Step 2: If unresolved, submit a written complaint to our legal department.
Step 3: We will attempt mediation before any court proceedings.
Step 4: Legal action may be pursued if mediation fails.
Class Action Waiver
You agree that any disputes will be resolved on an individual basis and not as part of any class, consolidated, or representative action.
11Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
12Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Guzman y Gomez regarding your use of our services and supersede all prior agreements and understandings.
Questions About Our Terms?
If you have any questions or concerns about these Terms of Service, please don't hesitate to contact us.
Legal Department Contact
75 Wentworth Ave, Sydney NSW 2000, Australia