When paid by you, these payments are final and non-refundable, unless otherwise determined by Grubhub. 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. Class Action and Collective Relief Waiver. 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. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Grubhub reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice. We expect your cooperation in upholding our standards. Postmates is a delivery service that promises to be able to deliver just about anything. You also understand that such prices may not be the lowest prices at which the menu items are sold. 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. Civ. You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. 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. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after the arbitration award is entered. As used in this Agreement, Grubhub, we, us, and our shall mean Grubhub Holdings Inc. and its subsidiaries and affiliates. Grubhub also charges a premium for more visibility. Partnering with Food Delivery Services 1. As a result, we save our clients up to 30 percent on food-related costs . The Driver App may allow you to rate and post reviews of Restaurants and other businesses (each a Rating or Review). YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND GRUBHUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 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. 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 . Grubhub expressly reserves its right to raise unique defenses as to each claimant in connection with this process. To be eligible for the Program, each applicant ("Applicant" or "you") must have valid and operative Delivery Partner Agreements with Grubhub, and be "Active" Grubhub delivery partners. We also do our best to discourage communications that incite others to violate our standards. Nikki Lawson, Taco Bell's chief global brand officer, said in the press release that growing delivery has "always been a priority for the brand" and this partnership proves just that. There might be instances when a Dispute (as defined below) arises between you and Grubhub. not to disrupt, interfere with, or otherwise harm or violate the security of the Platform, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked sites (including, without limitation, those of our Merchant). Like Grubhub, they do restaurant delivery, with the ability to see restaurant menus from a variety of partner restaurants. Class Action Suit in the Southern District of New York In April 2020, private plaintiffs filed a class action lawsuit against the four major food delivery companies (Grubhub, DoorDash, UberEats and Postmates) in the Southern District of New York, accusing them of occupying monopoly power in the delivery market. 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 Further, Grubhub reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or Services offered on or through the Platform (or any part thereof), including but not limited to the Platform's features, look and feel, and functional elements and related Services. For any Dispute that Grubhub raises, we will send our written description of the Dispute to the email address associated with your account. It means that by accessing and/or using the Driver App, you agree to all the terms and conditions of our Agreement. Informal Dispute Resolution Procedure. It's easily downloadable on any of your devices using various file formats. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower than the total amount due. If you are using the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that entity, organization, or company. To the extent that any of these terms explicitly conflict with your Partner Agreement, the language of the Partner Agreement will control. Any waiver by Grubhub of any provision of this Agreement must be in writing. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS MORE CIRCUMSCRIBED DISCOVERY AND APPELLATE REVIEW THAN THERE WOULD BE IN COURT. Unless made available to you, these Perks and promotional offers will have no bearing on your obligation to pay the amounts charged. Please contact your mobile phone carrier for details. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, the right to a hearing will be determined by the Applicable AAA Rules. Grubhub does not endorse Delivery Partners Ratings or Reviews, and does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. 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. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Grubhub submit to the arbitrator, unless a party requests a hearing and the arbitrator determines that a hearing is necessary. Grubhub is a leading food delivery service in the US. You may have another Account if you are using the Platform for business purposes, including as part of an enterprise Account, pursuant to a separate agreement with Grubhub. Drivers are posting that they have received emails notifying them they were suspended for 30 . Furthermore Grubhub's ""GrubHub Delivery Partner Agreement"" (Date: Jan 10th 2019) states the following: GrubHub will have no right to, and will not, control or prescribe the manner, method or means Delivery Partner uses to complete Delivery Services. Submit your application, drivers license and insurance. UberEats allows you to cash out the moment you earn money and Grubhub has a three-day bank info verification window before it allows you to cash out your earnings when you first start. A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to comply with this Informal Dispute Resolution Procedure. 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"). EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE IS TO DISCONTINUE USING THE PLATFORM AND SERVICES, WHICH YOU MAY DO AT ANY TIME. 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 available on or through and/or the functioning of the Third Party Websites. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. DoorDash and Grubhub offer monthly subscription services that can be canceled at any time: DashPass is a DoorDash subscription service that costs $9.99. Turn to Grubhub to have a single view of all of the restaurants that will deliver food in your area. 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. 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. Member FDIC, You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. The subscription service offers subscribers a $0 delivery fee and reduces other fees on orders of at least $12 from a DashPass eligible restaurant. The company writes that "listing restaurants on platforms. The arbitration will be administered by the American Arbitration Association ("AAA"). Grubhub is not a restaurant or food preparation entity. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. 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). 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. For clarity, you shall not retain, use or disclose Diner Data beyond what is necessary to provide the Services without the express consent of the Diner, nor download, store and/or sell any information you process in connection with the provision of Services outside of the Driver App or otherwise use Diner Data for any purpose other than providing the Services. 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. 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. Therefore, you agree that Grubhub will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages. I. Grubhub+ membership Learn about your membership benefits The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference. Grubhub may provide you with the option to purchase e-gift cards in connection with your use of the Platform. 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. The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference. To opt out, you must notify Grubhub in writing no later than 30 days after first becoming subject to this Mutual Arbitration Agreement. If you are a California resident, in accordance with Cal. With more than 30,000 restaurants in 500+ cities, food delivery or takeout is just a click away. 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. The clause always begins with the word WHILE. 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. All Uses will be made without notification to and/or approval by you and without the requirement of payment to you or any other person or entity. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. All drivers must also be at least 19 years of age, but no previous delivery experience is required! Grubhub will even match your donations when you join Grubhub+! It means that by accessing and/or using the Platform or our Services, or by clicking a button or checking a box marked I Agree (or something similar), you agree to all the terms and conditions of this Agreement. If you change or deactivate the phone number you provided to Grubhub, you have an affirmative obligation to immediately update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your Account may receive Grubhubs standard SMS or MMS messages unless you also unsubscribe via the above procedures. otherwise improperly prepared, D) Agree to . Grubhub has fired their latest shot in their battle against order rejection. The terms and conditions for e-gift card use are located at https://grubhub.cashstar.com/about/terms_and_conditions and the privacy policy for gift cards is located at https://grubhub.cashstar.com/about/privacy_policy; and both are incorporated into this Agreement by reference. By continuing to access and/or use the Driver App after we post Updated Terms, you agree to the Updated Terms. GRUBHUB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. Get warming bags from Grubhub or use your own. Grubhub may also, in its sole discretion, make Perks or other promotional offers with different features and different rates available to any or all of our users. 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. Using contact-free delivery, supporting local restaurants & COVID-19's impact Billing, payments & refunds Check your refund status, update billing & payment info, etc. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. 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. AMSTERDAM, June 15, 2021 /PRNewswire/ -- The Transaction represents Just Eat Takeaway.com's entry into online food delivery in the United States and builds on the strategic rationale for the . 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. The provider of Services is set forth herein. Order food and get exclusive Perks, unlimited free delivery from restaurants nearby and access to premium Grubhub features. Just Eat Takeaway.com to combine with Grubhub to create a leading global online food delivery player . You agree that you are solely responsible for any such charges. For example, the same menu item may be available at both the existing merchant and Grubhubs white label convenience, but the price on the existing merchant's menu may be higher than the price on Grubhubs white label convenience menu. Postmates: Postmates was one of the first third-party delivery services to exist. Code 1798.100 et seq. 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. Restaurants pay the services 15% to 30% fees for each order customers place through their platform. Please continue to follow the guidance of your public health authorities. Centerview Partners (Financial adviser to Grubhub) +1 212 380 2650. Grubhub also makes physical gift cards available for purchase. Please upgrade to the latest version of the Mobile Applications in order to view the most up-to-date information on the Platform regarding Merchants featured on the Mobile Applications. . You grant Grubhub the right to freely and fully exploit and share any suggestions, input or other feedback or content you provide relating to the Platform or other Grubhub services we provide in connection with its business, without additional notice to, approval by or compensation to you. Grubhub will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with Your Content. 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. Partnering with delivery aggregators squeeze margins even tighter. You agree to indemnify and hold harmless Grubhub and its officers, directors, employees, agents, and affiliates (each, an "Indemnified Party") from and against any losses, liabilities, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys and experts fees and expenses, that may be incurred by an Indemnified Party arising out of or in connection with: (i) Grubhubs use of your User Content; (ii) your unauthorized use of the Services, (iii) your breach of this Agreement; (iv) your actual or alleged violation of any law, rule or regulation; (v) any third partys access or use of the Services using your Grubhub Account; or (vi) any dispute or issue between you and any third party, including without limitation any Delivery Partner or Merchant. We'll deliver packages to your business every day and you and your staff will deliver those packages to customers' homes. When you provide your phone number to Grubhub, you warrant that you are the current subscriber or authorized user of the relevant account. Grubhub does not independently verify, and is not liable for, representations made by Merchants regarding their food, including, without limitation, any menu- or Merchant-level descriptors, disclosures, photographs or images displayed through the Platform reflecting the food prepared by the Merchants and/or delivered by Delivery Partners (defined below). You acknowledge and agree that your access to and/or use of the Driver App, the Materials and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. To ensure safety in your community, we default customers to contact-free deliveries and recommend that all delivery partners take proactive measures. Grubhub is an online food delivery service based in the US. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW. Your voluntary provision to Grubhub of your cell phone number represents your consent that Grubhub may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. 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. 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. This Agreement binds and inures to the benefit of each party and the partys successors and permitted assigns. What are the requirements for partnering with Grubhub? Code 1798.100 et seq. In the event Grubhub advances payment for any of your orders placed via the Platform (e.g., if your corporate account has a line of credit), Grubhub may separately send you invoices for payment of those advanced amounts. With all that said, let's take a look at each of the apps. GRUBHUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR ANY OTHER CONTENT ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY, QUALITY, AND/OR TIMING OF A DELIVERY ORDERED ON THE PLATFORM, AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. Here are some of the top reasons to consider becoming a Grubhub gig delivery driver: 1. 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. calculated at full value if required), C) Agree to provide refunds of products that are the result of poor quality or. You consent to receive communications from us or on our behalf electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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