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You must send your opt-out notice to: disputeresolution@grubhub.com. You may use the Driver App only if you are an authorized Grubhub delivery partner ("Delivery Partner") with a validly executed and current Partner Agreement, and solely for the purpose of obtaining and fulfilling delivery orders and providing delivery services to diners ("Services"). If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAAs list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the AAA Rules. length of this agreement, B) Agree to a 15% discount on the total food order, (sales taxes shall be. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with Grubhub or may enter into in the future with Grubhub. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. The preceding requirements are intended to comply with Grubhubs rights and obligations under the DMCA, including 17 U.S.C. The arbitrator will render an award within the time frame specified in the applicable AAA Rules. Additionally, you agree to follow the standards of conduct below, and any additional standards that may be communicated to you from time to time. Why am I on a waitlist? The Uses include, without limitation, use of your username and/or other user profile information such as your ratings history and how long you have been a Grubhub diner, to attribute Your Content to you on the Platform, including in Interactive Areas and other public areas on our Platform, or otherwise in connection with our Services. You also understand that such prices may not be the lowest prices at which the menu items are sold. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. If the parties cannot agree on an alternative arbitration provider, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration provider that will administer an arbitration consistent with this Dispute Resolution section as written. You grant Grubhub an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use your Ratings and Reviews in connection with Grubhubs business and in all forms of media now known or hereafter invented, without additional notification to and/or approval by you. Members also enjoy a donation match on Grubhub+ orders through Grubhub's Donate the Change program, which raised more than $25 million in 2021 alone, benefiting more than 20 charitable organizations. In jurisdictions that permit the ordering and delivery of alcoholic beverages, if you deliver an order that includes any alcoholic beverage, you acknowledge that you have a responsibility, upon delivery, to examine a government-issued identification card of the recipient and confirm that: (i) the recipient is at least 21 years of age; (ii) the individuals name matches the name on the order; and (iii) the recipient does not appear intoxicated. Amazon tried but then ultimately stepped away from building its own cost-intensive Grubhub and DoorDash competitor in the U.S. back in 2019.Now three years on, it's taking a different approach . Delivery partners must have a valid driver's license and minimum auto insurance. You will not use the Driver App for any illegal purposes. Those who wish to partner with Grubhub using a Car must: Have an original, valid driver's license If 19 years old or more: 2 years' valid license If 18 years old: at least 1 year valid license Have auto insurance Those who wish to partner with Grubhub using a Bicycle must have ONE of the following: Original, Valid state ID GRUBHUB ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. Please continue to follow the guidance of your public health authorities. Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. Grubhub reserves the right to deactivate your access to the Driver App if your service falls below the industry standard for like services in your region, as determined by Grubhub in its good faith discretion. By electing to make a Donation (defined in the Donate the Change Terms of Use) and participating in the Grubhub Donate the Change program, you agree to this Agreement and the additional Donate the Change Terms of Use. ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE DISPUTE. Your notice must include your name and address, the email address you currently use to access your Grubhub Account (if you have one), and a clear statement that you want to opt out of this Mutual Arbitration Agreement. 10.3 Upon termination of these Delivery Partner T&C and the Agreement, the Delivery Partner shall return the assets, within 24 hours from the Termination Date. By accessing the Platform, you agree and acknowledge that Delivery Partners are solely responsible for, and Grubhub shall not be liable or responsible for, the delivery services provided to you by any Delivery Partner or any subcontractors of Delivery Partners, or any acts, omissions, errors or misrepresentations made by any Delivery Partner. Browse help.doordash.com for answers to your questions, or call merchant support: Grubhub may monitor any and all use of the Driver App, and may manage the Driver App in a manner intended to protect our property and rights and to facilitate its proper functioning. Speaking of . You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. Delivery Partners are auto-assigned to orders by Grubhub. 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. calculated at full value if required), C) Agree to provide refunds of products that are the result of poor quality or. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Platform. This Agreement does not cover or address certain end user services provided by our affiliate SCVNGR, Inc. d/b/a LevelUp (LevelUp) on behalf of its merchant clients; please see the LevelUp User Terms of Service for more information. 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. By accessing the Driver App, you will have sole discretion and authority to: indicate your availability; accept or reject orders that are transmitted to you for delivery; indicate stages of completion during the delivery fulfillment process; communicate with the Grubhub restaurant (the Restaurant) and/or Grubhub diner (the Diner); view the transaction log for those orders you have fulfilled; rate and review your experience with the Restaurant and/or Diner; and manage your payment settings. Grubhub Corporate Accounts are part of Grubhub, one of the nation's leading takeout and delivery marketplace. Like Grubhub, they do restaurant delivery, with the ability to see restaurant menus from a variety of partner restaurants. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit through the Driver App. Delivery Partners are not actual agents, apparent agents, ostensible agents, or employees of Grubhub in any way. THERE ARE PROPOSED CLASS ACTIONS OR REPRESENTATIVE ACTION PROCEEDINGS PENDING AGAINST GRUBHUB, AND THIS AGREEMENT APPLIES TO THEM UNLESS YOU OPT OUT AS DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF OR A REQUEST FOR PUBLIC INJUNCTIVE RELIEF AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF. Member FDIC. There might be instances when a Dispute (as defined below) arises between you and Grubhub. The subscription service offers subscribers a $0 delivery fee and reduces other fees on orders of at least $12 from a DashPass eligible restaurant. To resubscribe, text START to the same number from the phone number associated with your account. - Food delivery from exclusive restaurant partners, so you'll find that mom and pop shop AND the . You and Grubhub acknowledge and agree that Apple, and Apples subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary as it relates to your license of the Apple-Sourced Software. This Agreement governs the relationship between (a) GrubHub and (b) Delivery Partner and any of Delivery Partner's employees, contractors, subcontractors, agents and representatives or other delivery service entities engaged by Delivery Partner to perform Delivery Services (collectively, the "Subcontractors"). Please note that standard voice, data and message rates will apply for all forms of communication. Swiggy enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. Additionally, you may receive messages from Grubhub following receipt of a completed order soliciting feedback and/or other information relating to the order. You understand and consent that such messages may be sent using an automatic telephone dialing system. be intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or Materials on the Platform or other websites. Nothing contained on the Platform and/or Materials should be interpreted as granting to you any license or right to use any of the Materials (other than as provided herein) and/or third-party proprietary content on the Platform without the express written permission of Grubhub or the relevant third-party owner, as applicable. If AAA is unavailable or unwilling to administer an arbitration consistent with this Dispute Resolution section as written, the parties will select an alternative arbitration provider that will administer the arbitration consistent with this Dispute Resolution section as written. Code 1798.100 et seq. You may only create and hold one account on each of the separately branded properties on the Platforms (each, an Account) for your personal use. Grubhub+ membership Learn about your membership benefits This Agreement binds and inures to the benefit of each party and the partys successors and permitted assigns. Grubhub will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with Your Content. For any Dispute that Grubhub raises, we will send our written description of the Dispute to the email address associated with your account. In addition, the Mobile Applications may be subject to the import and export laws of other countries. We may make available software to access Grubhubs websites, technology platforms, and related online and mobile services via a mobile device (Mobile Applications). Any other use of the Materials is strictly prohibited. Your written description must be personally signed by you. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age, consistent with applicable legal requirements. Your access to the Driver App may be deactivated if Grubhub determines in its good faith, reasonable discretion that you have materially violated these Quality of Service standards. 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. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. If you initiate arbitration, you shall certify that you have complied with the Informal Dispute Resolution Procedure above and personally sign your Demand for Arbitration. To reiterate, this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. 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. Grubhub reserves the right to change this "Dispute Resolution" section. Therefore, all Ratings and Reviews must comply with the following criteria, in addition to and without limiting other requirements applicable to Your Content as set forth in these Terms: (1) before posting a Rating or Review, you must have had recent first-hand experience with the Merchant; (2) you may not have a proprietary or other affiliation with either the Merchant or any of its competitors; (3) you may not draw any legal conclusions regarding the Merchants' products, services, or conduct; (4) your Review must otherwise comply with the terms of this Agreement as well as all applicable laws, rules, and regulations, including without limitation the Federal Trade Commissions Guides Concerning the Use of Endorsements and Testimonials in Advertising (which may be found at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf), including that your Review must disclose any material connection you may have with Grubhub or the Merchant; and (5) you will not submit a Rating or Review in exchange for payment, free food or beverage items, or other benefits from any Merchant or third party. 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. To ensure safety in your community, we default customers to contact-free deliveries and recommend that all delivery partners take proactive measures. pick-up and delivery partners (" PDP ") who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the . It can also be called the context of the contract. 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. Please also be advised that Grubhub enforces its intellectual property rights to the fullest extent of the law. With over 300,000 restaurants on the app, customers have a ton of optionswhich means you have a ton of opportunities to make money. If after sixty (60) days the Informal Dispute Resolution Procedure above is unsuccessful in resolving the parties dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. Grubhub, our Diners, our Restaurants, and/or our respective third-party service providers may contact you via voice, text and/or email at the phone number(s) and/or email address(es) you provided to us for the following purposes: (i) to provide notifications related to your Services and Grubhubs offerings; (ii) to facilitate scheduling; (iii) in relation to the delivery fulfillment process; and (iv) to address issues as they arise. To unsubscribe from Customer Care messages, just reply to the message by texting STOP to the number sending the message. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES. 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. Because with Grubhub: Click, click, food! (the CCPA), in the performance of your obligations pursuant to the Agreement. As a result of this material breach of Section 4 of your Delivery Partner Agreement, you are being notified that Grubhub is terminating your Agreement, effective immediately, in accordance with Section 11 of your Agreement.You will be paid for any unpaid services performed through today, in accordance with the terms of the Delivery Partner Grubhubs restaurants and diners expect a high quality experience in using the Platform. (NYSE: GRUB) ("Grubhub") have entered into a definitive agreement whereby the Company is to acquire 100% of the shares of Grubhub in an all-stock transaction (the . Also, if you are a campus user and you opt to pay for a purchase with your stored-value card, on certain campuses, (i) Grubhub will charge such purchase to your stored-value card and will charge any applicable fees to either your credit card or other payment on file with us, and (ii) you agree that Grubhub may be unable to refund a purchase to your stored-value card and may, in its discretion, provide a refund through an alternative method. As an Uber Eats customer, you can easily contact our Support team 24/7 by calling our customer service number at 833-275-3287, emailing restaurants@uber.com, or connecting by chat in Uber Eats Manager. As a result of this material breach of Section 4 of your Delivery Partner Agreement ("Agreement"), you are being notified that Grubhub is terminating your Agreement, effective immediately, in accordance with Section 11 of your Agreement. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. The Mobile Applications originate in the United States and are subject to United States export laws and regulations. Learn more about how Grubhub is prioritizing the health and safety of delivery partners. Ratings and Reviews are not endorsed by Grubhub, and do not represent the views of Grubhub or of any affiliate or partner of Grubhub. . While Maloney griped about competition, DA Davidson . You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GRUBHUB BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF GRUBHUB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER ACTION OF ANY TYPE THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE SERVICES PROVIDED ON OR THROUGH THE PLATFORM OR BY GRUBHUB. By signing below, both parties hereby enter into this service delivery agreement with one another as of the date of this agreement. 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"). GRUBHUB ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS PLATFORM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. Access learning materials covering topics like the app, scheduling, picking up orders and more. The contract is entered into as of [Contract.CreatedDate] and shall remain in effect until [Contract.ExpirationDate] unless cancelled pursuant to the terms listed below. Grubhub does not own, operate or otherwise control such separate Merchant promotional or loyalty programs and therefore shall have no liability for those separate programs, including without limitation your participation therein. All such Additional Terms are hereby incorporated into this Agreement by reference. 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. * *Grubhub Delivery Only Processing Orders for Grubhub Diners The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Grubhub or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). The Platform may permit you to use the Services without an Account or without logging in to your Account (e.g. The commercial agreement with Amazon constitutes a Class 2 transaction under the UK Financial Conduct Authority Listing Rules. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forums rules, and this Agreement. Of all the food delivery apps including Instacart, I've only been doing Grubhub for a few months. Zomato Delivery Boy Agreement April 20, 2022 In any contract/agreement, it is important to know how and why such a contract was concluded. By continuing to access and/or use the Platform and/or Services after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Platform and/or accessing the Services. The suit, filed March 21 by Washington, D.C. Attorney General Karl Racine against Grubhub Holdings Inc. and Grubhub Inc., alleged that the popular food delivery and software company hiked up. 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). You agree to activate the Payment Card, to use it solely to pay for orders placed on the Platform and accepted by you for delivery, and to use it only for the amount of the order.