Terms of Service

1. Introduction and Acceptance

Welcome to Guzman y Gomez ("we," "us," "our," or "Company"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Guzman y Gomez regarding your access to and use of our website, mobile application, food delivery services, and related services (collectively, the "Services").

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use our Services.

You must be at least 18 years of age or the age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into this agreement. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these 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 such changes constitutes acceptance of the modified Terms.

2. Definitions

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

• "Company," "we," "us," or "our" refers to Guzman y Gomez, our subsidiaries, affiliates, and related entities.
• "You," "your," or "User" refers to any individual or entity that accesses or uses our Services.
• "Services" includes our website, mobile application, food delivery services, catering services, and all related features and functionalities.
• "Content" refers to all text, images, audio, video, software, and other materials available through our Services.
• "Website" refers to guzmaanygomez.live and all associated subdomains and pages.
• "Order" refers to any request for food, beverages, or related products through our Services.
• "Account" refers to the user profile created when you register for our Services.

3. Use of Services

3.1 Permitted Use

You may use our Services for personal, non-commercial purposes in accordance with these Terms. Permitted uses include:

• Browsing our menu and restaurant information
• Placing food orders for personal consumption
• Creating and managing your user account
• Providing feedback and reviews
• Accessing promotional offers and loyalty programs
• Contacting customer support

You agree to comply with all applicable local, state, national, and international laws and regulations while using our Services. You must provide accurate and complete information when creating an account or placing orders.

3.2 Prohibited Use

The following activities are strictly prohibited:

• Using our Services for any illegal, harmful, or malicious purposes
• Attempting to gain unauthorized access to our systems, networks, or user accounts
• Violating or infringing upon our intellectual property rights or those of third parties
• Sending spam, unsolicited communications, or promotional materials
• Providing false, misleading, or fraudulent information
• Interfering with or disrupting our Services or servers
• Using automated systems, bots, or scripts to access our Services
• Reverse engineering, decompiling, or disassembling any part of our Services
• Creating multiple accounts to circumvent restrictions or abuse promotions
• Reselling or redistributing our Services without authorization
• Posting or transmitting harmful, offensive, or inappropriate content

4. User Accounts

To access certain features of our Services, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate and current
• Maintain the confidentiality of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You may only create one account per person. We reserve the right to suspend or terminate accounts that violate these Terms or are used for prohibited purposes. You are responsible for all charges and fees associated with your account.

We may terminate or suspend your account at our sole discretion, with or without notice, for violations of these Terms or for any other reason we deem appropriate.

5. Products and Services

We strive to provide accurate descriptions, images, and pricing information for all our food products and services. However, we do not warrant that product descriptions, images, or other content are completely accurate, current, or error-free.

Food Safety and Quality: We are committed to maintaining the highest standards of food safety and hygiene in accordance with Australian food safety regulations. All our food is prepared in licensed commercial kitchens following strict safety protocols.

Allergen Information: We provide allergen information for our menu items, but we cannot guarantee that our food is completely free from allergens due to potential cross-contamination in our kitchens. Customers with food allergies should exercise caution and consult with our staff before ordering.

Order Acceptance: All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order at our discretion, including but not limited to cases of:

• Product unavailability
• Pricing errors
• Suspected fraudulent activity
• Delivery area restrictions
• Minimum order requirements not met

Pricing: All prices are displayed in Australian Dollars (AUD) and include applicable taxes. Delivery fees, service charges, and other additional costs will be clearly displayed before order confirmation. We reserve the right to change prices at any time without notice.

Payment Terms: Payment is due at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed during checkout. By providing payment information, you authorize us to charge the total amount of your order.

6. Delivery Terms

Delivery Areas: We deliver to specified areas within our service zones. Delivery availability and fees vary by location and may change without notice. We reserve the right to refuse delivery to certain areas or addresses.

Delivery Times: Estimated delivery times are provided for informational purposes only and are not guaranteed. Actual delivery times may vary due to weather conditions, traffic, order volume, and other factors beyond our control.

Minimum Orders: Minimum order values may apply for delivery to certain areas. These requirements will be clearly displayed before order confirmation.

Temperature-Sensitive Items: Hot food items are delivered in insulated containers to maintain temperature, but we cannot guarantee specific temperatures upon delivery. Cold items are kept refrigerated during transport when possible.

Delivery Responsibility: Once food is delivered to the specified address and left with the designated recipient, our responsibility for the order is complete. We are not liable for orders that are stolen, damaged, or spoiled after delivery.

7. Order Modifications and Cancellations

Order modifications or cancellations may be possible within a limited time after order placement, typically before preparation begins. Once preparation has started, orders cannot be modified or cancelled.

If you need to cancel an order, please contact us immediately through our customer service channels. Refunds for cancelled orders will be processed according to our Refund Policy.

We may cancel orders in cases of suspected fraud, payment issues, or other circumstances that prevent fulfillment. In such cases, we will make reasonable efforts to notify you and process any applicable refunds.

8. Intellectual Property

All content and materials available through our Services, including but not limited to text, graphics, logos, images, audio clips, video clips, software, and underlying code, are our property or the property of our licensors and are protected by copyright, trademark, and other intellectual property laws.

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 include the right to:

• Reproduce, distribute, or publicly display our content
• Create derivative works based on our content
• Use our trademarks, service marks, or trade names
• Remove or modify any copyright or proprietary notices

Our trademarks, including "Guzman y Gomez" and our logo, are valuable assets. You may not use our trademarks without our prior written permission.

9. User Content

Our Services may allow you to submit, post, or share content such as reviews, comments, photos, or other materials ("User Content"). By submitting User Content, you:

• Represent that you own or have the right to use the content
• Grant us a worldwide, royalty-free license to use, display, and distribute your content
• Agree that your content does not violate any third-party rights
• Accept responsibility for the accuracy and legality of your content

Prohibited User Content includes:

• Defamatory, obscene, or offensive material
• Content that violates intellectual property rights
• Spam or promotional content
• False or misleading information
• Content that violates applicable laws

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable. We do not endorse or take responsibility for User Content.

10. Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties that our Services will be uninterrupted or error-free
• Warranties regarding the accuracy or completeness of content

We do not warrant that our Services will meet your requirements or that any defects will be corrected. Your use of our Services is at your own risk.

We are not responsible for content provided by third parties, including user reviews, external websites, or linked services. Any advice or information obtained through our Services should not be considered professional advice.

11. Limitation of Liability

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

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 business opportunities
• Personal injury or property damage
• Emotional distress or mental anguish

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

12. Indemnification

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

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Any fraudulent or illegal activity

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

13. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or applications. We are not responsible for the content, privacy practices, or terms of use of any third-party services. Your interactions with third parties are solely between you and the third party.

We may integrate with third-party payment processors, delivery partners, and other service providers. Your use of such services is subject to their respective terms and conditions.

We do not endorse or recommend any third-party products, services, or websites. Any reliance on third-party content or services is at your own risk.

14. Termination

These Terms remain in effect until terminated by either party. We may terminate or suspend your access to our Services immediately, without prior notice, for any reason, including but not limited to:

• Breach of these Terms
• Suspected fraudulent activity
• Extended periods of inactivity
• Legal or regulatory requirements

You may terminate your account at any time by contacting us or using the account deletion features in our Services.

Upon termination, your right to use our Services ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitation of liability.

15. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of Australia. Any disputes arising from or relating to these Terms or our Services shall be resolved in the courts of Australia.

Before pursuing formal legal action, we encourage you to contact us to resolve any disputes informally. Many concerns can be resolved quickly through our customer service team.

If informal resolution is unsuccessful, you agree that any legal action must be commenced within one (1) year after the cause of action arises, or such claim will be permanently barred.

To the extent permitted by law, you waive any right to participate in class action lawsuits or class-wide arbitration against us.

16. Changes to Terms

We reserve the right to modify these Terms at any time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify registered users via email or in-app notification
• Post notice of changes on our website

Your continued use of our Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using our Services.

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

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and us regarding the use of our Services and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent of the original provision.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by our authorized representative.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms to any affiliate or successor in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

We shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to natural disasters, government actions, labor disputes, or technical failures.

17.6 Headings

The headings in these Terms are for convenience only and shall not affect the interpretation of the provisions.