[11] If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. You will not use the Driver App for any illegal purposes. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. DoorDash and Grubhub offer monthly subscription services that can be canceled at any time: DashPass is a DoorDash subscription service that costs $9.99. T-Mobile, AT&T, Verizon, etc.) We own and operate this app (Driver App), and the related consumer web- and mobile-sites and mobile application(s), and selected other domains (collectively, the Platform). (the CCPA), in the performance of your obligations pursuant to the Agreement. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. You can learn more about Google's practices at http://www.google.com/policies/privacy/partners. What's Holding Back the Grubhub Delivery Partner Agreement Industry? Browse help.doordash.com for answers to your questions, or call merchant support: Self-delivery Use your staff to deliver Grubhub ordersfor free. You and Grubhub then agree to negotiate in good faith about the Dispute. Making Money with Grubhub is Easy You only need a few things to get started: Car (or bike in select areas) Valid driver's license and auto insurance for drivers Driver's license or valid state I.D. Zomato Delivery Boy Agreement - Assam Jatiya Bidyalay Grubhub will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with Your Content. Partnering with delivery aggregators squeeze margins even tighter. This Batch Arbitrations provision shall in no way be interpreted as authorizing class arbitration of any kind. The subscription service offers subscribers a $0 delivery fee and reduces other fees on orders of at least $12 from a DashPass eligible restaurant. Grubhub also charges a premium for more visibility. Grubhub may also in its sole discretion limit access to the Platform, the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. By accessing the Driver App, you agree to the following conditions: You will not accept orders offered through the Driver App that you do not intend to deliver; You will not disclose, and will maintain the strict confidentiality of, the Diner Data and transaction logs available through the Driver App; You will not violate any applicable law(s) or Grubhubs Terms of Use; You will not deliver alcohol unless you and the alcohol recipient are 21 or older, and you have verified the recipients name and age using a valid photo identification at the time of alcohol delivery; You will not access the Driver App or related services using a third-partys account/registration, or attempt to impersonate another person, particularly any Delivery Partner; You will not falsely report your geographic location or prevent or otherwise attempt to prevent the Driver App from accurately reporting your geographic location; You will not attempt, through any means, to gain unauthorized access to any part of the Driver App and/or any related service, or any other account, computer system and/or network connected to any Grubhub server; You will not attempt to deceive, mislead, confuse, or defraud Grubhub through any means of circumvention related to the Driver App or the Services you are purporting to provide; You will not decompile or reverse-engineer the Driver App and/or monitor any portion of the Driver App and/or any Materials and/or other content on the Driver App, unless an authorized representative of Grubhub has given you specific permission to do so in writing; You will not conduct any kind of systematic retrieval of data or other content from the Driver App; You will not create or compile, directly or indirectly, any collection, compilation, database or directory from the Driver Apps content; You will not use the Driver App in any manner that could damage, disable, overburden and/or impair any Grubhub server, or the network(s) connected to any Grubhub server, and/or interfere with any other Delivery Partners use of the Driver App; You will not use any information obtained from the Driver App or the Grubhub services (apart from authorized use of Grubhub services) in order to contact, solicit, or buy or sell any products or services to anyone, including but not limited to any Diner, Restaurant or another Delivery Partner; You will not copy or republish any content, including, but not limited to Diner Data and transaction logs; You will not license, sell and/or otherwise provide access to and/or use of your Account or the Driver App to any third party (other than subcontractors, pursuant to your Partner Agreement), including without limitation to build a competitive product and/or service; You will not harass, annoy, intimidate or threaten any Grubhub employees or agents engaged in providing any portion of Grubhubs services; You will not contact any Diners or Restaurants beyond what is necessary to fulfill your delivery services, unless the Diner(s) or Restaurant(s) expressly consents to such contact; You will not delete the copyright or other proprietary rights notice from any Materials or any portion of the Driver App or Grubhubs services; You will not upload or transmit viruses or other harmful, disruptive or destructive files; You will not disrupt, interfere with, or otherwise harm or violate the security of the Driver App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Driver App or affiliated or linked sites (including those of our restaurant partners); and. Except as modified by this Dispute Resolution section, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a consumer agreement as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION. The Driver App may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (Third Party Websites). Grubhub does not review, monitor, operate and/or control the Third Party Websites and Grubhub makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content, products or services available on or through and/or the functioning of the Third Party Websites. Attorneys fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. Grubhub: As one of the largest third-party delivery services in the United States, Grubhub is offered in most major cities. Partner Referral | Grubhub Delivery Driver | Apply now! YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS IN THESE TERMS OF USE AND THE LIMITATIONS OF LIABILITY IN YOUR PARTNER AGREEMENT ARE FAIR AND REASONABLE. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Grubhub will reimburse as much of the filing, administration, and/or arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you. Member FDIC, You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. Turn to Grubhub to have a single view of all of the restaurants that will deliver food in your area. Please also be advised that Grubhub enforces its intellectual property rights to the fullest extent of the law. Using contact-free delivery, supporting local restaurants & COVID-19's impact Billing, payments & refunds Check your refund status, update billing & payment info, etc. When placing orders through the Platform, you may receive order status messages from Grubhub about each order. In comparison, I've done over 1,100 DoorDash orders, 200+ UberEats and 1,000+ Instacart orders so I know a thing or two about food delivery apps. Any rights not expressly granted herein are reserved by Grubhub and Grubhubs licensors. This service delivery agreement shall be governed by the laws of [Sender.State]. Comparatively speaking to the other major players in the food delivery gig market, I think it's safe to say that Grubhub is being the most fair to its drivers. The provider of Services is set forth herein. - Food delivery from exclusive restaurant partners, so you'll find that mom and pop shop AND the . The Delivery Partner may electronically scan the identification card of the individual receiving the order to confirm that the recipient is at least 21 years of age and the delivery may be completed. This Agreement binds and inures to the benefit of each party and the partys successors and permitted assigns. What Grubhub offers: FOOD DELIVERY MADE EASY Grubhub will continue to honor any valid opt outs if you opted out of the Arbitration Agreement in a prior version of the Agreement. Driver Paused with no explanation, no reply from GRUBHUB. Nothing contained on the Platform should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Platform without the express written permission of Grubhub or the appropriate third party owner, as applicable. If you are a California resident, in accordance with Cal. NAME YOUR PRICE When you sign up with Grubhub, you can choose your level and unlock industry-leading tools to help your restaurant drive success with a 30-day risk-free trial: Basic If you'd like to speak to a merchant sales representative, you can contact us online or call us Monday-Friday: United States and Canada: 855-554-5779. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. Please continue to follow the guidance of your public health authorities. Enjoy $0 food delivery fees Sign in Offer limited to Prime members in the U.S. Offer limited to one per customer and account. noon Food Service Agreement - noon Food Restaurant Ops In addition, Grubhub does not guarantee the quality of what the Merchants sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third-party delivery service. This individual shall be responsible for the daily operation of the Restaurant and shall be granted decision-making authority commensurate with such a position. We'll deliver packages to your business every day and you and your staff will deliver those packages to customers' homes. If you pay any amounts with a credit card, Grubhub may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. If you believe that your copyrighted work has been copied and is accessible on the Driver App or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide Grubhubs Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST GRUBHUB, WHETHER NOW PENDING OR FILED IN THE FUTURE. If the recipient does not show you a government-issued identification card indicating that the recipient is at least 21 years of age, or if the name on the identification card does not match the order, or the recipient appears intoxicated, you agree not to release the alcoholic beverage(s) and you further agree to return the alcoholic beverage(s) to the Restaurant. Grubhub+ membership Learn about your membership benefits Such Ratings and Reviews are considered Your Content and are governed by the terms and conditions of this Agreement. pick-up and delivery partners (" PDP ") who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the . Accordingly, and without limiting any of the provisions set forth in the Partner Agreement, by using the Platform, including the Driver App, you acknowledge and agree that you are permitted to use the information disclosed or otherwise made available to you, including without limitation diners data (e.g. Code 1798.100 et seq. It's also likely a blow for Grubhub, once Taco Bell's exclusive delivery partner after that 2018 agreement, which also included Yum Brands' KFC system. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. If you do not agree, do not use the Driver App. GRUBHUB DOES NOT REPRESENT OR WARRANT THAT THE APP, THE MATERIALS AND/OR THE OTHER CONTENT ON THE APP WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Therefore, for any Dispute that arises between you and Grubhub, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. If any of Your Content or conduct on our Platform violates our standards, or any other terms of this Agreement; or interferes with other peoples' enjoyment of the Materials or our Platform or Services; or is inappropriate in our judgment; we reserve the right, in our sole discretion and without notice to you, (i) to change, delete or remove, in part or in full, any of Your Content, (ii) to terminate or suspend access to any Interactive Areas or any other part of our Platform, and/or (iii) to terminate or suspend your Account; in each case, with or without notice. References to "Delivery Partners" should be read to include both Noon Food Delivery Partners and Merchant Delivery Partners. If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if Grubhub has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, or if we believe that you have breached this Agreement, Grubhub has the right to immediately block your current or future use of the Platform and/or the Services (or any portion thereof) and/or terminate this Agreement with you. Get it now! Grubhub expressly reserves its right to raise unique defenses as to each claimant in connection with this process. In addition to $0 delivery on eligible orders, Grubhub+ members get access to member-only perks and rewards. Your access to and/or use of the Third Party Websites, including, without limitation, providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, you may forfeit the cost of such beverages, and you may be responsible for restocking fees. Grubhub respects the intellectual property of others, and we ask all of our users to do the same. You may order food through the Platform to be delivered from particular merchants, including their authorized licensees and franchisees, or other purveyors of food in cities throughout the United States and other territories where Grubhub provides such Services (collectively, the Merchants). This food service contract is by and between [Sender.Company], the Provider, and [Client.Company], the Client. Already a DoorDash merchant? We expect your cooperation in upholding our standards. The new contract, sent out on Wednesday and seen by Guardian Australia, stated drivers who signed the agreement were self-employed contractors and there was no "employment relationship between. In consideration of the use of the Driver App, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update the personal information you provide to ensure that it remains true, accurate, current, and complete; if you fail to do any of the foregoing, Grubhub will have the right to terminate your Partner Agreement and restrict your access to the Driver App. Your use of the Platform is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Platform that we may post or link to on the Platform (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions, or content on the Platform, including, without limitation, the Google Maps/Google Earth Additional Terms of Service located at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy located at https://www.google.com/intl/ALL/policies/privacy/index.html. Regardless of the cause, Grubhub reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) Grubhub delivery partners are independent contractors, not employees of Grubhub. In case the Delivery Partner fails to do so, Zomato shall forfeit the Security Deposit (if any) and shall further reserve the right to set-off the cost of assets against the payments . This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of the complete written description of the Dispute, you and Grubhub agree to the further dispute resolution provisions below. To opt out, you must notify Grubhub in writing no later than 30 days after first becoming subject to this Mutual Arbitration Agreement. about how Grubhub is prioritizing the health and safety of delivery partners. Certain features of the Platform, including, without limitation, the placing or receipt of orders, may require you to make certain payments, including commissions or other fees. Your Content includes, without limitation, your username and/or other user profile information such as your ratings history and how long you have been a Grubhub diner, textual, visual, or audio content and information, whether transmitted via the Platform, SMS or MMS message, or otherwise. Merchants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. How it works Receive packages from Amazon daily You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Grubhub as provider of the software. Grubhub and Cartken Partner to Bring Robot Delivery to College Campuses Our Grubhub Guarantee ensures customers always get their delivery order on time, or we'll make it right with a perk that's 100% covered by us at no cost to you! Unless otherwise prohibited by law or agreed by the parties, all arbitration proceedings and all related records will be confidential and closed to the public and any parties other than you and Grubhub, except as necessary to obtain court confirmation of the arbitration award. YOU (AND NOT GRUBHUB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP. You agree to cooperate in good faith with Grubhub and the arbitration provider to implement such a batch approach or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. Grubhub hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Account on a mobile device owned or leased solely by you, for your personal use. If we make a change to this Agreement, we will make the most current version of this Agreement available at the Terms of Use link (Updated Terms). As used in this Agreement, you means any visitor, user, or other person who accesses our Platform or Services, whether or not such person registered for an Account (as defined below). Postmates: Postmates was one of the first third-party delivery services to exist. Except as otherwise provided in this Agreement (see Dispute Resolution section III), if any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible. This includes first sending a written description of the Dispute to the other party. You understand and agree that such messages may be sent using automated technology. If you violate any of the offer terms, the offer will be invalid. GRUBHUB DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE PLATFORM WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE PLATFORM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Uber Eats accused of using new contract to exploit Australian delivery You may opt out of Grubhub driver-specific text messages by texting STOP in response to a Grubhub driver SMS. 512(c), but do not constitute legal advice. You may unsubscribe from receiving text messages from Grubhub at any time. Taco Bell adds DoorDash as a delivery partner | Restaurant Dive Grubhub may provide you with one or more prepaid cards for the purpose of paying for orders at restaurants (a Payment Card). As between you and Grubhub, the Platform, including the Driver App, and everything on it (collectively, the Materials), except for the Diner Data and data that you directly provide about yourself on the Driver App, are owned by or licensed to Grubhub and protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other proprietary rights and laws of the United States and other countries, including without limitation, all trademarks, service marks, logos, trade dress and trade names related to Grubhub; Seamless; AllMenus; MenuPages; gH; gH delivery; OrderHub; GrubCentral; Golden Grub; Track Your Grub; Taste of Seamless; Craved; Your Food is Here; and the Grubhub.com and Seamless.com trade dress. Welcome! Further, you hereby grant Grubhub a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to incorporate and use any of your suggestions, input, or other feedback relating to the Platform or the Services (collectively, the Feedback) for any purpose without notice to, approval by, or compensation to you. Food Delivery | Restaurant Takeout | Order Food Online | Grubhub To unsubscribe from Customer Care messages, just reply to the message by texting STOP to the number sending the message. As a driver, you'll use your smartphone and vehicle to accept and deliver orders. The Platform may permit you to use the Services without an Account or without logging in to your Account (e.g. Largest delivery platform in the U.S. and Canada #1 Market share 80% Consumer reach Features: Market your business to new costumers Post your menu online Handles your delivery needs with DoorDash drivers Your customers are automatically given a pickup option, allowing you to streamline . If we make a change to this Agreement, it will be effective as soon as we post it and the most current version of this Agreement will always be posted under the "Terms of Use" link available on our Platform ("Updated Terms"). Any use, reproduction, release, performance, display, or disclosure of the Platform and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. Order food and get exclusive Perks, unlimited free delivery from restaurants nearby and access to premium Grubhub features. You agree that Your Content will not: We do our best to encourage civility and discourage disruptive communication on the Platform. Grubhub is not liable or responsible for Merchants' food preparation or safety and does not verify their compliance with all applicable laws. Grubhub Corporate Accounts Returning Christmas gifts for my family to go to $2k+ in car repairs. Grubhub reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice. For clarity, this Dispute Resolution section does not alter, amend, or affect any of the rights or obligations of the parties to any Grubhub Delivery Partner Agreement. Please note that standard voice, data and message rates will apply for all forms of communication. To resubscribe, text START to the same number from the phone number associated with your account. Offer is non-transferable and may not be resold. You are responsible for all of Your Content. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. Grubhub Delivery Partner Agreement | PDF | Indemnity | Class Action If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. Except as provided by your Partner Agreement, Grubhub reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Driver App from a particular device and/or IP address. Make money on your own terms and start earning with Grubhub.*. Centerview Partners (Financial adviser to Grubhub) +1 212 380 2650. The Merchants available on our Platform operate independently of Grubhub. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Accordingly, and without limiting any of the provisions set forth in the Partner Agreement, by using the Platform, including the Driver App, you acknowledge and agree that you are permitted to use the information disclosed or otherwise made available to you, including without limitation diners data (e.g.
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