Terms of Service

1. Introduction and Acceptance

Welcome to Guzman y Gomez ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website at guzmanygomez.live (the "Website") and all related services provided by Guzman y Gomez, including but not limited to food ordering, delivery services, catering, and franchise opportunities.

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.

1.1 Eligibility Requirements

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our services. By using our Website, you represent and warrant that:

• You are legally capable of entering into binding contracts
• You are not prohibited by law from accessing or using our services
• All information you provide is accurate and complete
• You will comply with all applicable laws and regulations

1.2 Account Responsibility

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

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our Website with a new "Last Updated" date. Your continued use of our services after any such changes constitutes acceptance of the new Terms.

2. Definitions

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

• "We," "Us," "Our," "Company" refers to Guzman y Gomez and its affiliates, employees, agents, and representatives
• "You," "Your," "User" refers to any individual or entity accessing or using our Website or services
• "Services" refers to all food services, delivery, catering, franchise opportunities, and other services provided through our Website
• "Content" refers to all text, images, videos, audio, software, and other materials available on our Website
• "Website" refers to guzmanygomez.live and all associated domains and subdomains
• "Order" refers to any request for food items or services placed through our Website or other ordering platforms

3. Use of Services

3.1 Permitted Use

You may use our Website and services for lawful purposes only. Permitted uses include:

• Browsing our menu and restaurant information
• Placing orders for personal consumption
• Making reservations and inquiries about catering services
• Exploring franchise opportunities
• Accessing customer support and information
• Providing feedback and reviews about our services

3.2 Prohibited Use

You agree not to use our Website or services for any of the following prohibited purposes:

• Any illegal activities or violation of applicable laws and regulations
• Transmitting harmful, offensive, or inappropriate content
• Attempting to gain unauthorized access to our systems or accounts
• Violating intellectual property rights of Guzman y Gomez or third parties
• Sending spam, unsolicited communications, or commercial messages
• Providing false, misleading, or fraudulent information
• Interfering with the proper functioning of our Website or services
• Using automated systems to access our Website without permission
• Reselling or redistributing our services without authorization
• Harassing, threatening, or intimidating our staff or other users

4. User Accounts

4.1 Registration Requirements

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

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your login credentials secure and confidential
• Use only one account per person
• Notify us immediately of any security breaches

4.2 Account Security

You are solely responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4.3 Account Termination

We reserve the right to terminate or suspend your account at any time, with or without notice, for any violation of these Terms or for any other reason we deem appropriate. Upon termination, your right to use our services will cease immediately.

5. Products and Services

5.2 Order Terms and Delivery

Order Acceptance: All orders are subject to acceptance by Guzman y Gomez. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing, or suspected fraudulent activity.

Delivery Terms:

• Delivery times are estimates and may vary due to weather, traffic, or high demand
• Delivery is available only within our designated delivery zones
• Minimum order requirements may apply for delivery services
• Delivery fees are clearly displayed at checkout and may vary by location and time
• You must be available to receive your order at the specified delivery address

Order Modifications and Cancellations: Once an order is placed and confirmed, modifications may not be possible. Cancellation requests must be made immediately after placing the order and may not be honored if food preparation has already begun.

Temperature-Sensitive Items: Hot items will be kept hot and cold items will be kept cold during delivery. However, we cannot guarantee temperature maintenance beyond our standard delivery timeframes.

5.3 Pricing and Payment

All prices are displayed in Australian Dollars (AUD) and include applicable taxes unless otherwise specified. We accept various payment methods including credit cards, debit cards, and approved digital payment platforms. Payment is required at the time of ordering.

5.4 Food Quality Guarantee

We are committed to providing high-quality food and service. If you are not satisfied with your order due to quality issues, please contact us immediately. We will work to resolve the issue appropriately, which may include offering a replacement, refund, or credit for future orders.

6. Intellectual Property

6.1 Our Ownership

All content on our Website, including but not limited to text, images, graphics, logos, trademarks, recipes, and software, is the property of Guzman y Gomez or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Website for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Modify, distribute, or create derivative works
• Use our content for commercial purposes
• Remove or alter copyright notices
• Use our trademarks or logos without permission

6.3 User Content License

By submitting content to our Website (including reviews, comments, photos), you grant us a non-exclusive, royalty-free, worldwide license to use, modify, reproduce, and distribute such content for business purposes, including marketing and promotional activities.

7. User Content

You retain ownership of any content you submit to our Website but grant us the rights described above. You are solely responsible for the content you submit and warrant that:

• You own or have the right to submit the content
• The content does not violate any third-party rights
• The content is accurate and not misleading
• The content does not contain harmful or illegal material

We reserve the right to remove any user content that violates these Terms or that we deem inappropriate, without notice.

8. Disclaimers

Our Website and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

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

We do not provide medical, nutritional, or dietary advice. Consult with healthcare professionals regarding dietary restrictions or health concerns.

9. Limitation of Liability

To the maximum extent permitted by Australian law, Guzman y Gomez shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use our services
• Any changes to or cessation of our services
• Unauthorized access to your account or information
• Third-party conduct or content on our Website
• Food allergies or dietary restrictions

Our total liability to you for any claim arising from these Terms or our services shall not exceed the amount you paid for the specific service giving rise to the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless Guzman y Gomez, its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, including attorney's fees, arising from:

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

11. Third-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.

We do not endorse or make any representations about third-party websites or services. Your interactions with third-party organizations are solely between you and such organizations.

12. Termination

These Terms remain in effect until terminated by either party. We may terminate your access to our Website and services immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination, your right to use our services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia, without regard to conflict of law principles.

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Western Australia. Both parties consent to the personal jurisdiction of such courts.

Before initiating any legal proceedings, we encourage you to contact us directly to seek a resolution. We are committed to resolving disputes in good faith through direct communication.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

Material changes may be communicated through:

• Email notifications to registered users
• Prominent notices on our Website
• In-app notifications if applicable

Your continued use of our services after changes become effective constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and Guzman y Gomez regarding the use of our Website and services, superseding all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

15.3 Waiver

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

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may freely assign or transfer these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor strikes, or government actions.

15.6 Headings

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

16. Contact Information