The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. Once signed, the template can be downloaded as a PDF for your records. What does that mean? The Merchants available on our Platform operate independently of Grubhub. If any conduct on or outside of our App violates the standards above, or any other terms and conditions of this Agreement; or interferes with other peoples enjoyment of the Materials or our App; or that we believe is inappropriate; in our sole, good faith judgment, we reserve the right to change, delete or remove, in part or in full, any such content; and we further reserve the right to terminate access to the Driver App or to any information available through the Driver App. 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). 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. Restaurant Delivery Service Agreement Template *If you are looking to deliver outside the New York or New Jersey area please, Deposit products provided by JPMorgan Chase Bank, N.A. Taco Bell adds DoorDash as a delivery partner | Restaurant Dive The arbitrators award shall be binding only between the parties to the arbitration proceeding and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. 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. We may manage the Platform in a manner intended to protect our property and rights and to facilitate the proper functioning of the Platform. Food Delivery | Restaurant Takeout | Order Food Online | Grubhub Bank for the Restaurant's financial needs. Why am I on a waitlist? IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS MORE CIRCUMSCRIBED DISCOVERY AND APPELLATE REVIEW THAN THERE IS IN COURT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. 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. You agree that you will review this Agreement periodically and check the Effective date in this Agreement to stay aware of any changes. Returning Christmas gifts for my family to go to $2k+ in car repairs. 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 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"). 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. This food delivery platform connects diners to their favorite restaurants in their area. Grubhub respects the intellectual property of others, and we ask all of our users to do the same. If you do not agree to such change, you may reject any such change by providing Grubhub written notice of such rejection by mail or hand delivery to: Grubhub, Attn: Dispute Resolutions, 111 West Washington Street, Suite 2100, Chicago, Illinois 60602, or by email from the email address associated with your account to: disputeresolution@grubhub.com, within 30 days of the date such change became effective, as indicated in the "Effective" date above. 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. You agree to (a) immediately notify Grubhub of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information available to you through the Driver App; and (b) ensure that you exit from your Account at the end of each session. You may opt out of Grubhub driver-specific text messages by texting STOP in response to a Grubhub driver SMS. 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. It's easily downloadable on any of your devices using various file formats. If you do not agree, do not use the Driver App. Grubhub will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password. Grubhub: Food Delivery - Apps on Google Play about how Grubhub is prioritizing the health and safety of delivery partners. You agree not to communicate in any way that: is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of anothers privacy, portrays another in a false light, is hateful, and/or racially, ethnically and/or otherwise objectionable; has a commercial, political or religious purpose; is false, misleading and/or not written in good faith; infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity; is illegal and/or promotes illegal activity; contains unauthorized advertising and/or solicits users to a business other than those on the Sites; is disruptive and/or incites others to violate industry standards and/or Grubhubs standards; and/or. Please continue to follow the guidance of your public health authorities. When paid by you, these payments are final and non-refundable, unless otherwise determined by Grubhub. 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). Please be advised that Grubhub enforces its intellectual property rights to the fullest extent of the law. 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. 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. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. However, all Ratings and Reviews must comply with the following criteria: (1) you must have had first-hand experience with the Restaurant before posting a Rating or Review; (2) you may not have a proprietary or other affiliation with either the Restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the Restaurants products, services or conduct; and (4) your review must be honest, accurate, and otherwise comply with the standards of conduct and other terms of this Agreement. Don't waste one more second of your time. Grubhubs restaurants and diners expect a high quality experience in using the Platform. Grubhub reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice. - Food delivery from exclusive restaurant partners, so you'll find that mom and pop shop AND the . 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). The Federal Arbitration Act will govern the interpretation and enforcement of the Dispute Resolution section. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS. 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. By continuing to access and/or use the Driver App after we post Updated Terms, you agree to the Updated Terms. 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. We may change this Agreement from time to time. 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. It doesn't get easier than scrolling on a computer, tablet, or smartphone and clicking a button to get food delivered. Just Eat Takeaway.com and Amazon enter into commercial - Grubhub Grubhub Delivery Partner Agreement | PDF | Indemnity | Class Action 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). Grubhub reserves all rights not expressly granted under this Agreement with respect to the Mobile Applications and otherwise. You grant Grubhub an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use Your Content in all forms of media now known or hereafter invented for the purpose of operating, promoting, and improving our Site, business, products and services, and developing new ones (collectively, the Uses). Grubhub, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged. 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. 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. 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. The app features over 300,000 restaurant partners located in 4,000 different US cities. Amazon steps back into restaurant delivery in the US - TechCrunch Postmates. 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 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. DoorDash Vs Grubhub: The Better Delivery App In 2023 - The Savvy Couple While Maloney griped about competition, DA Davidson . We expect your cooperation in upholding our standards. 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! 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. Also, regardless of any statute or law to the contrary (and to the fullest extent permitted by law), you must provide notice to Grubhub, pursuant to the procedures in the Dispute Resolution section below, of any claim within one year of its accrual, or your claim will be waived and barred.
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