WHEREAS the Client wishes to engage the Provider as a food . We may make available software to access Grubhubs websites, technology platforms, and related online and mobile services via a mobile device (Mobile Applications). Rather, Delivery Partners have entered into agreements with Grubhub which require them to comply with all applicable federal, state, and local laws, rules and regulations, including, without limitation, traffic laws, requirements of the applicable motor vehicle agency, and applicable insurance requirements. 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. 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. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. To opt out, you must notify Grubhub in writing no later than 30 days after first becoming subject to this Mutual Arbitration Agreement. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Civ. Speaking of . 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. As used in this Agreement, Grubhub, we, us, and our shall mean Grubhub Holdings Inc. and its subsidiaries and affiliates. Please contact your mobile phone carrier for details. You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. Please note that standard voice, data and message rates will apply for all forms of communication. Grubhubs restaurants and diners expect a high quality experience in using the Platform. Except as otherwise indicated on the Platform and except for the intellectual property of other companies that are displayed on the Platform, all intellectual property, such as trademarks, service marks, logos, trade dress, and trade names are proprietary to Grubhub, including, without limitation, GH; GRUBHUB; Grubhub for Work; SEAMLESS; Grubhub for Restaurants; Eat24; AllMenus; MenuPages; Yummy Rummy; and the Eat24.com, Grubhub.com, and Seamless.com trade dress. What's in it for you Access support when you need it. 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. Delivery Partners are auto-assigned to orders by Grubhub. 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 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. 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. GRUBHUB RELIES UPON MERCHANTS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. You agree that you will review this Agreement periodically and check the Effective date in this Agreement to stay aware of any changes. You are responsible for all of Your Content. 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. Drivers are posting that they have received emails notifying them they were suspended for 30 . This Agreement, together with any amendments and any additional agreements you may enter into with Grubhub in connection with the Platform and the Services hereunder, shall constitute the entire agreement between you and Grubhub concerning the Platform, any orders placed through the Platform, and the Services hereunder. If you do any of the aforementioned, Grubhub will not be responsible in any way for any damage to your computer system or loss of data that results from such download. Please note that unsubscribing from one of the branded properties in our Platform will not automatically unsubscribe you from another separately branded property in our Platform. Your mobile phone carrier (e.g. Member FDIC. 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"). - Order food using the Grubhub app and avoid the hassle of over-the-phone mistakes - Grubhub's customer support is there for you 24/7 - Whether it's Chinese food, Greek, Italian, or any other food type you're craving, it's covered. The Platform 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"). To use any Mobile Application, you must use a mobile device that is compatible with that Mobile Application. 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. Grubhub+ membership Learn about your membership benefits What does that mean? When paid by you, these payments are final and non-refundable, unless otherwise determined by Grubhub. Grubhub expressly reserves its right to raise unique defenses as to each claimant in connection with this process. Your responsibility to pay any AAA filing, administrative, and/or arbitrator fees will be solely as set forth in the applicable AAA Rules (as modified by section VII above). 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 agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Platform. your use of the Driver App is subject to any and all additional terms, policies, rules or guidelines applicable to Grubhubs services or certain features of the Driver App that we may post or link to on the Driver App (collectively, the Additional Terms), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Driver App. If you click on a link to a Third Party Website, Grubhub will not warn you that you have left the Services or Platform or that you are subject to the terms and conditions of another website or third party service provider. Please contact your mobile phone carrier for details. 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. , you'll be able to upload your picture to the app (DoorDash does not require a picture, which I kind of like) and enter your bank account info. Get warming bags from Grubhub or use your own. The Partners agree to designate a hired individual as a general manager for the Restaurant. Bank for the Restaurant's financial needs. 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. 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. Please continue to follow the guidance of your public health authorities. In the event that you fail to pay such invoices within thirty (30) days of the date of such invoice (the Payment Due Date), you grant Grubhub the right, but not the obligation, to charge the credit card you provide with your Account at any time after any Payment Due Date, unless prohibited by law. Any waiver by Grubhub of any term of this Agreement must be in writing. 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. If you believe that your copyrighted work has been copied and is accessible on the Platform or a website through which our Services may be accessed in a way that constitutes copyright infringement, please provide Grubhub's Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price for the Apple-Sourced Software; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Grubhub as provider of the software. 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. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Platform may be removed or excluded by us without notice. Pickup Increase your revenue with little change to your existing operations. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. You and Grubhub then agree to negotiate in good faith about the Dispute. 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. Add your business' information or feel free to modify any of its content. Informal Dispute Resolution Procedure. The terms and conditions stated on the physical card apply. Grubhub is the leader in food ordering and delivery, a.k.a. Use of the Driver App requires that you register and/or create an account (Account) by providing certain personal information. Such Ratings and Reviews are considered Your Content and are governed by the terms and conditions of this Agreement. To unsubscribe from order-related messages, just reply "STOP" to the number sending the message. Any purported assignment by you in violation of this section shall be null and void. None of the Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. As part of their contractual agreement, third-party food delivery services retain all customer data. 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. 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 . If you do not agree, do not use the Driver App. 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. 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. By transmitting Your Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Platform. Enter into a delivery service partnership with our ready-made Restaurant Delivery Service Agreement template. Except as provided by your Partner Agreement, this Agreement will govern any disputes arising before the effective date of the Updated Terms. Browse help.doordash.com for answers to your questions, or call merchant support: GRUBHUB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. The Platform may permit you to use the Services without an Account or without logging in to your Account (e.g. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for your personal and noncommercial use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Platform. 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. You consent to such automatic upgrading on your mobile device and agree to timely upgrade the Mobile Application in the event there is no automatic update. Published: February 6, 2020 - Last updated: July 11, 2022. You understand and consent that such messages may be sent using an automatic telephone dialing system. For example, if you unsubscribe from Grubhub order-related messages, you may still receive order-related messages when you place an order through Seamless, unless you also unsubscribe from Seamless order-related messages. Here are some of the top reasons to consider becoming a Grubhub gig delivery driver: 1. It's easily downloadable on any of your devices using various file formats. Grubhub and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the Released Parties) will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to your Ratings and Reviews. You agree to keep your contact information, including email address, current. Grubhub delivery partners must: Be at least 19 years old except for Las Vegas, where they need to be 21 ; Have an iPhone with an iOS of 11 or higher or an Android with 5.0 or higher ; Have a data plan 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. . 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 APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. Your right and ability to continue using the Driver App for the purpose of fulfilling delivery orders will terminate immediately if your Partner Agreement is terminated. Grubhub may provide you with interactive opportunities (i) on the Platform, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked Merchants, user profiles and pictures, (ii) on social media pages maintained by Grubhub, as well as (iii) through other communications with you, including, without limitation, through text (SMS) or multimedia (MMS) messages (collectively, "Interactive Areas"). A) Agree to not enter into a contract with any other Delivery Service for the. the best spot to find mouthwatering dishes. If you require assistance, please call our Customer Care team at 1-877-585-7878. 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. Grubhub and its parents, subsidiaries, affiliates, and each of their officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for the action of any and all third parties with respect to Your Content, or for any damages you allege to incur as a result of or relating to any third-party content. 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 . The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. 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. 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. Ratings and Reviews are not endorsed by Grubhub, and do not represent the views of Grubhub or of any affiliate or partner of Grubhub. ), and/or all Uses of your User Content by Grubhub and/or any third party authorized by Grubhub. This service delivery agreement shall be governed by the laws of [Sender.State]. 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. 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. ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE DISPUTE. So, while restaurants work diligently to build a loyal relationship with customers, once third-party delivery companies arrive on the scene they effectively insert themselves directly between the restauranteur and the consumer. Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. This Agreement binds and inures to the benefit of each party and the partys successors and permitted assigns. If the arbitrator finds that either the substance of a claim or the relief sought in a Demand for Arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the arbitrator may award attorneys fees, costs and expenses in favor of a party.

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