1.1 These Terms and Conditions of Use (the Terms) apply to and govern your use of our services and the Guzman y Gomez Group’s websites at https://www.guzmanygomez.com.au, www.gyg.com.au and www.guzmanygomez.com.au and any other websites operated by GYG (Website) and the Guzman y Gomez mobile application (the App). By using the App or Website, you agree to these Terms.
1.2 In these Terms GYG, we, us or our mean the Guzman y Gomez Group, including Guzman y Gomez (Holdings) Ltd, its related bodies corporate and/or its franchisees.
1.3 We may amend the Terms from time to time. Amendments become effective when we post the updated Terms on the App or on our Website. Your continued access to or use of the App or Website after the Terms are updated constitutes your consent and agreement to be bound by the updated Terms.
1.4 Specific terms relating to our GOMEX loyalty program, GYG gift cards and other special offers are set out in appendices at the end of these Terms.
2 Use of the Online Ordering System
2.2 When you place an order to purchase a product via our Website or App, you are making an offer to purchase those products. No order shall be deemed to be accepted until an acknowledgement of order is issued to you. The contract between you and us or you and the franchisee is only for those products notified in the acknowledgement of order.
2.3 We make the online ordering system available for use on behalf of our franchisees. Where the store at which you place your order is operated by a franchisee, your offer to purchase the products, and any contract between you and the franchisee, is directly between you and the franchisee.
2.4 We may change, suspend or terminate the online ordering system (or any part of it) at any time without prior notice. However, where we can, we will give you notice of any down time or changes.
2.5 GYG endeavours to provide your order as you request it including any allergen-free, gluten free vegan or vegetarian products. We cannot guarantee that your order will be 100% free from traces of allergens, gluten, meat and/or dairy which may be unintentionally present due to cross-contamination during store operations.
3.2 You must only use your own credit or debit card or a credit or debit card that you have been authorised to use specifically for the purchase of the relevant product.
3.3 Where you have a discount code or other voucher code (excluding GYG Gift Cards), it must be used within three months of us providing you with the discount code or voucher code (unless we otherwise specify). We are not responsible for any expired discount or voucher codes that you have not used prior to their expiry date.
4 User Account
4.1 You can get the most out of our online ordering service by registering an account on the App or Website (User Account). When you create a User Account via the App or Website a GOMEX Account will automatically be created. You do not have to create an account to order online, however, you will not be eligible to receive any GOMEX Points unless you have a User Account.
4.2 We are under no obligation to accept the registration of a User Account of any particular person.
4.4 You are responsible for the security of your user name and password for your User Account. We may assume that anyone using your User Account is authorised by you to do so. Unauthorised use of your User Account and password will, under no circumstances, reduce your liability in connection with use of the App or Website, including your obligation to pay for purchases made using your User Account. You must notify us immediately on becoming aware of any unauthorised use of your User Account or of any other security breach in connection with the App or Website.
4.5 You must be aged 13 or over to create a User Account and to use the App and Website. If you are under the age of 13, you must use the App and Website under the supervision of a responsible adult.
4.6 You may delete your User Account at any time by notifying us at email@example.com that you wish to delete your User Account.
5 Use of the App and Website
5.1 You acknowledge and agree that in accessing the App and the Website, you are doing so solely for your individual, personal and non-commercial use.
5.2 Without limiting any of these Terms, you must not engage in any conduct or activity (including omitting to do something) and must not attempt to:
(a) use the App or Website in any way that is unlawful or is not permitted by these Terms;
(b) use the App or Website in any way that causes, or is likely to cause, any interruption, damage or otherwise impair the App or Website in any way or would negatively affect or otherwise diminish the quality of another user’s experience of the App or Website;
(c) impersonate any person or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
(d) copy or otherwise reproduce, modify or adopt, or create derivative works based on the whole or any part of the App or Website;
(e) decompile or reverse engineer the App or Website, or take any other action to discover the source code or underlying ideas or algorithm of any components of the App or Website;
(f) distribute viruses, Trojans or spyware, corrupt files, carry out denial of service attacks or use any other similar software or programs that may interrupt the functionality of our App or Website or damage the operation of any computer hardware or software; or
(g) use any software or technologies to scrape or extract information from our App or Website.
5.3 With respect to the App, you acknowledge and agree that you must comply with all relevant App Store and Google Play user terms and conditions (as appropriate and as may be amended from time to time).
6 Cancellation of user accounts and access to website and app
6.1 If you do not comply with these Terms including where we suspect you may be fraudulently using the App or Website or someone else is fraudulently using your User Account, we may terminate your User Account and prevent you from accessing the Website and App. Except where it is necessary to ensure the safety and security of our Website and App, we will notify you where we take any of these actions. We may also report any unlawful behaviour to law enforcement.
6.2 If we terminate your User Account and access to the App and Website:
(a) you must stop your use of the App and Website; and
(b) you must delete or remove the App from all devices in your possession.
7.1 We will communicate with you electronically via text message, in-App push notifications or email about your use of the App and Website, including to provide confirmations of orders placed online. You consent to receive communications from us in this way. You can opt out of receiving marketing communications by contacting us at firstname.lastname@example.org or by using the unsubscribe function in the marketing communication.
7.2 You may opt-out of receiving in-App push notifications at any time by adjusting the App settings on your device or by contacting us at email@example.com. You acknowledge that opting-out of in-App push notifications may impact your use of the App and that we may not be able to contact you as contemplated in these Terms.
8 Intellectual Property Rights
8.1 No intellectual property rights of any kind in the App or Website are assigned to you and you acknowledge and agree that we own all intellectual property rights (including all trade marks, business names and copyright) in the App and Website. Any rights not expressly granted by these Terms are reserved by us. This includes all right, title and interest in the object code and source code of the App and Website.
8.2 The Website, the App and all related content is subject to copyright and other intellectual property rights. You acknowledge that the trademarks and logos displayed on the Website and the App are the property of GYG and you must not use any of the marks without our prior written permission.
8.3 We grant you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable licence to access and use of the App and Website as set out in these Terms.
9.1 We provide the App and Website on an “as is” and “as available” basis, and exclude and disclaim to the maximum extent permitted by applicable law, all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law.
9.2 In particular, and without limiting the above:
(a) while we endeavour to provide a convenient and functional App and Website, we do not guarantee that your requirements will be met, that the App or Website is accurate or complete, or that your use of the App or Website will be uninterrupted, secure or error free or that the App or Website is free of viruses or other harmful components; and
(b) you acknowledge that there may be times when the App or Website may be down or disrupted and that we will not be liable for any interruptions or disruptions in any way.
9.3 Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.
10 Indemnity and Limitation of Liability
10.1 You agree to indemnify us, our affiliates and our respective directors, officers, employees and agents against any losses, liabilities, claims and expenses (including legal fees) that arise out of or as a result of:
(a) your unauthorised use or misuse of the App, Website or your User Account; or
(b) your violation of any third party right, including any copyright, property or privacy right.
Limitations of our liability
10.2 To the maximum extent permitted under any applicable laws, in no circumstances are we liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to you for any indirect or consequential loss or damage, loss of business, loss of profits, loss of revenue, loss of opportunity, loss of goodwill or anticipatory profits, or business interruption, incurred by you under or in connection with these Terms or its subject matter.
10.3 To the extent permitted by law, you agree that our aggregate liability for any claims under or in connection with these Terms if we are liable for such claims, however they arise and whether in contract, tort (including negligence and breach of statutory duty), shall not exceed the greater of (a) $100 and (b) the amount paid by you for the relevant order.
10.4 Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
11.1 These Terms are governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
11.2 The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.
11.3 Any provision of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The remainder of these Terms will remain in full force and effect.
11.4 You may not assign or otherwise transfer your rights under these Terms without the prior express written consent of GYG.
APPENDIX A: Gift Card Terms
1 General gift card Terms
1.1 Purchase or use of the GYG Gift Card constitutes your acceptance of the gift card terms. If you are purchasing a GYG Gift Card for another person or let another person take possession of the GYG Gift Card, you must inform them that they will be bound by these gift card terms.
1.2 Use of GYG Gift Cards is subject to these gift card terms.
1.3 GYG Gift Cards:
(a) must be used by the specified expiry date;
(b) must not be used in any manner that is fraudulent or otherwise unlawful; and
(c) cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law.
1.4 GYG does not charge any fees for the activation or use of GYG Gift Cards. No interest or any other earnings on funds on a GYG Gift Card will accrue, be paid or be credited to the cardholder by GYG.
1.5 We are not responsible if a GYG Gift Card is lost, stolen, destroyed or used without your permission, so please take care of them. Please note that we cannot trace or refund GYG Gift Cards.
1.6 If GYG determines that a GYG Gift Card presented or otherwise attempted to be used for payment is fraudulent, GYG may refuse to honour the Gift Card and it will be destroyed.
2 Loading Value Onto Your GYG Gift Card
2.1 The GYG Gift Card can be loaded one time only with a value that can be used for future purchases at any GYG restaurant.
2.2 You can load value on a GYG Gift Card at any GYG restaurant by using a credit card, debit card or cash (where facilities are available).
2.3 The minimum amount that can be loaded onto a GYG Gift Card is $10.00. There is no maximum amount.
3 Making Purchases Using Your GYG Gift Card
3.1 GYG Gift Cards are redeemable as full or part payment for products in store. The balance will be reduced by the amount of each purchase. If a purchase exceeds the available balance of a GYG Gift Card, the difference must be paid with another payment method that is accepted by GYG.
4 Statements or Balance Enquiries
4.1 GYG Gift Card holders are not sent statements of itemised transactions.
4.2 You can check the balance of your GYG Gift Card at any GYG restaurant. You will need to present your card to a GYG team member, who can access your balance.
4.3 We reserve the right to correct the balance of your GYG Gift Card if we believe a clerical or accounting error has occurred.
5 GYG Gift Cards and GOMEX, GYG’s Loyalty Program
5.1 GOMEX Points are not earned on purchases of GYG Gift Cards.
5.2 GOMEX Points may be earned for purchases made using GYG Gift Cards.
5.3 $GYG cannot be redeemed to purchase GYG Gift Cards.
APPENDIX B: GOMEX Loyalty Program
1 General GOMEX loyalty Terms
1.1 GOMEX is GYG’s loyalty programme where you can earn points (GOMEX Points) which equate to GYG dollars ($GYG). $GYG can be redeemed in accordance with these GOMEX Loyalty Terms.
1.2 Where you register for a User Account you agree to these GOMEX Loyalty Terms.
1.3 Only one User Account is permitted per person.
1.4 Unless otherwise required by law, $GYG are non-refundable and cannot be redeemed for cash. No interest or any other earnings on funds on a GOMEX card will accrue, be paid or be credited to you by GYG.
1.5 GYG reserves the right, at its sole discretion, to refuse the use of your User Account where GYG suspects there is unauthorised, suspicious, fraudulent or otherwise unlawful use or activity. GYG may also cancel User Accounts where there is unauthorised, suspicious, fraudulent or otherwise unlawful use or activity in which case your GOMEX card will also be cancelled and any $GYG will be forfeited.
1.6 No fees are charged by GYG for the issue, registration, activation or use of User Accounts.
1.7 GYG will notify of any changes to these GOMEX Loyalty Terms by posting them to the Website.
2 Earning GOMEX Points
2.1 To earn GOMEX points on your User Account it is your responsibility to present the barcode or card during your transaction in store or ensure you are logged into your User Account via the App when ordering. While GYG will make reasonable effort to remind you of this, it is not GYG’s responsibility to do so.
2.2 Participants who choose to use a GOMEX card (instead of the App) must register their card at https://www.guzmanygomez.com.au/gomex or on the App before redeeming GOMEX Points for $GYG.
2.3 While reasonable effort will be made in store so that GOMEX Points are correctly awarded to your User Account, GYG takes no responsibility for errors associated with crediting GOMEX Points and $GYG onto your User Account.
2.4 GYG reserves the right to correct the balance of your GOMEX Points and $GYG if we believe a clerical or accounting error or any suspicious or fraudulent activity has occurred on your User Account.
3 Rate of Reward
3.1 $GYG are not legal tender and cannot be used by any other means other than for payment for products purchased from GYG in store or via the Website or App.
3.2 You will receive 1 (one) GOMEX point for every $1 spent in a single transaction, where a transaction amount is not a whole dollar amount, any amount over 50 cents will be rounded up to the nearest whole dollar and any amount under 50 cents will be rounded down to the nearest whole dollar.
4 Redeeming GOMEX POINTS FOR GYG Dollars ($GYG)
4.1 For every 150 GOMEX Points earned you will receive 10 $GYG on your User Account.
4.2 $GYG cannot be purchased and can only be earned through accruing and redeeming GOMEX Points.
4.3 To convert GOMEX Points to $GYG you must have at least 150 GOMEX points on your User Account.
5 USING $GYG
5.1 Every 1 $GYG can be redeemed for $1 towards payment for food or beverage products purchased from GYG.
5.2 $GYG can only be redeemed as payment for food or beverage products for online (including App) or instore purchase (subject to product availability) and subject to the following:
(a)for online orders, $GYG can be redeemed only where the number $GYG is greater than the total order value; and
(b) for instore orders, $GYG can be used as whole or partial payment for orders depending on the value of $GYG on your User Account.
6 Stolen GOMEX account DETAILS, and LOST OR STOLEN GOMEX Cards
6.1 If your GOMEX Account (or User Account) username and password are stolen or compromised, you must immediately notify us as described in section 4.4 of the Terms and immediately change your password.
6.2 Unfortunately, we cannot replace your GOMEX card if it is lost or stolen, and you will need to apply for a new card.
6.3 GYG will take steps to transfer any $GYG on the lost or stolen card to a new GOMEX card if you contact us at firstname.lastname@example.org, however, GYG is not responsible for any lost or stolen GOMEX cards, or any $GYG that are lost or used by a third party as result of your GOMEX card being lost or stolen, or your User Account being fraudulently accessed.
7 PROMOTIONS and Discounts
You cannot earn GOMEX Points when purchasing items with a promotion, discount or another offer or when redeeming $GYG. GYG may, in its discretion, permit GOMEX Points to be earned in conjunction with a promotion, discount or another offer. Where GYG does so, any GOMEX Points issued will be calculated based the discounted price paid by you.
GOMEX Points are not awarded when a GYG Gift Card is purchased. However, the GYG Gift Card recipient can earn GOMEX Points on purchases made using their GYG Gift Card if they have a User Account.
APPENDIX C: other terms and conditions
1 GYG Free product Card
1.1 By using your free product card you agree to these Terms.
1.2 The free product card entitles the bearer to either:
1.2.1 one free standard, uncustomised product as specified on the card (for example, a regular burrito or small fries), or a menu item of equal or lesser value excluding alcohol. Please note that where you customise the product to include menu items that typically incur a surcharge, that this additional cost is not covered by your free product card; or
1.2.2 the specific product identified on the free product card.
1.3 You must present your free product card at any participating GYG restaurant to receive the offer. If your free product card is limited to a particular store, this will be noted on the card.
1.4 Free product cards:
1.4.1 can be redeemed once only in accordance with these Terms and the terms contained on the free product card, and cannot be redeemed for cash, future credit or $GYG;
1.4.2 are not valid for online purchases;
1.4.3 cannot be used in conjunction with any other discount, promotion or offer; and
1.4.4 do not entitle the holder to a cash alternative.
1.5 GOMEX Points will be earned based on the pre-discounted value of the purchase.
1.6 Cardholder is liable to pay amounts over the cost of the free product covered by the card as set out in clause 1.2.1 above.
2 Player of the Match / Great Performance Vouchers
2.1 Voucher valid for the price of one product at the designated restaurant as set out on your card and in accordance with the free product terms above and the Terms generally. Voucher may not be redeemed for alcohol. Not valid in conjunction with any other offer.