Effective Date: January 1, 2025
Welcome to Guzman y Gomez. These Terms of Service ("Terms") govern your access to and use of our website, 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.
1. Acceptance of Terms
By accessing or using the Guzman y Gomez website, mobile application, or 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.
These Terms constitute a legally binding agreement between you and Guzman y Gomez Pty Ltd ("we," "us," or "our"). You must be at least 18 years old to use our services independently, or have parental consent if under 18.
- You agree to comply with all applicable laws and regulations
- You represent that you have the legal capacity to enter into this agreement
- You acknowledge that your use of our services is at your own risk
2. Terms of Use
When using our website and services, you agree to the following terms of use:
- Use our services only for lawful purposes and in accordance with these Terms
- Provide accurate and complete information when placing orders or creating accounts
- Maintain the security of your account credentials
- Not engage in any activity that could harm our services or other users
- Not attempt to gain unauthorized access to our systems or networks
- Not use automated systems or software to extract data from our website
- Not transmit any viruses, malware, or harmful code
Prohibited Activities: You may not use our services to engage in fraudulent activities, impersonate others, harass or abuse other users, or violate any intellectual property rights.
3. User Accounts
When you create an account with us, you must provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
- Keeping your account information up to date
We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity. You may not share your account credentials or allow others to access your account.
4. Orders & Payments
When you place an order through our website or app, you agree to the following:
- All prices are displayed in Australian Dollars (AUD) and include GST
- Prices and availability are subject to change without notice
- We reserve the right to refuse or cancel orders at our discretion
- Payment must be made in full at the time of ordering
- You are responsible for providing accurate delivery information
We accept major credit cards, debit cards, and other payment methods as displayed at checkout. All payments are processed securely through our payment providers.
Order Confirmation: An order is not confirmed until you receive an order confirmation from us. We may contact you to verify order details or payment information.
5. Intellectual Property
All content on our website and applications, 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, trademark, and other intellectual property laws.
- The Guzman y Gomez name, logo, and all related marks are registered trademarks
- You may not reproduce, distribute, or create derivative works from our content
- You may not use our trademarks without prior written consent
- You may not modify, reverse engineer, or decompile our software
You are granted 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 collect or use any product listings, descriptions, or prices for commercial purposes.
6. Limitation of Liability
To the maximum extent permitted by applicable law, Guzman y Gomez and its directors, employees, agents, and affiliates shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Any damages arising from the use or inability to use our services
- Any errors, omissions, or inaccuracies in content
- Any personal injury or property damage resulting from your use of our services
Important: Our total liability for any claim arising out of these Terms shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.
7. 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, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Any content you submit or transmit through our services
8. Termination
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:
- Breach of these Terms of Service
- Fraudulent, abusive, or illegal activity
- Non-payment of any amounts owed to us
- Conduct that may harm our reputation or business
Upon termination, your right to use our services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
9. Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions.
- Any disputes arising from these Terms shall be resolved in the courts of Victoria, Australia
- You consent to the exclusive jurisdiction of such courts
- The Australian Consumer Law applies to these Terms where applicable
Dispute Resolution: Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us. We will attempt to resolve the dispute through good faith negotiation within 30 days.
10. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any material changes by:
- Posting the updated Terms on our website
- Updating the "Effective Date" at the top of this page
- Sending an email notification to registered users (for significant changes)
Your continued use of our services after any changes to these Terms constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically for any updates.
11. Contact Us
If you have any questions about these Terms of Service, please contact us:
- Email: [email protected]
- Phone: +61 3 8688 7141
- Address: 477 Collins St, Melbourne VIC 3000, Australia
We will respond to your inquiry as soon as possible, typically within 2-3 business days.
Last Updated: January 1, 2025
These Terms of Service are effective as of the date stated above.