YOU (AND NOT GRUBHUB) ASSUME THE ENTIRE COST OF USING THE SITE. You also understand that such prices may not be the lowest prices at which the menu items are sold. You and Grubhub then agree to negotiate in good faith about the Dispute. Accordingly, you are not authorized to download, remove, transmit, alter, reproduce, modify, distribute, exploit, sell, lease, obscure, decompile, reverse engineer, or disassemble, any content or any trademark or copyright notice from the Platform, including, without limitation, the Materials. 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. When you use the Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. Published: February 6, 2020 - Last updated: July 11, 2022. Grubhub may monitor any and all use of the Platform, including, without limitation, interactions between our users; however, we are under no obligation to do so. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Platform. References to "Delivery Partners" should be read to include both Noon Food Delivery Partners and Merchant Delivery Partners. 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. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS MORE CIRCUMSCRIBED DISCOVERY AND APPELLATE REVIEW THAN THERE IS IN COURT. You are responsible for maintaining the confidentiality and security of your Account including your password and, if applicable, any password for Facebook, Google, or other third party login. 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. Restaurants pay the services 15% to 30% fees for each order customers place through their platform. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed. If such an informal telephonic dispute resolution conference takes place, it shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. Enter into a delivery service partnership with our ready-made Restaurant Delivery Service Agreement template. 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. 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). The arbitrator will render an award within the time frame specified in the applicable AAA Rules. Grubhub respects the intellectual property of others, and we ask all of our users to do the same. You can learn more about Google's practices at http://www.google.com/policies/privacy/partners. Use the fields below to e-sign this template. Except as otherwise provided in the Dispute Resolution section, the Updated Terms will govern any disputes between you and Grubhub, even if the dispute arises or involves facts dated before the Effective date of the Updated Terms. . 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 . To unsubscribe from Customer Care messages, just reply to the message by texting STOP to the number sending the message. 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. 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. As a result, we save our clients up to 30 percent on food-related costs . With Grubhub, its easy to earn competitive pay, keep 100% of your tips and create your own flexible schedule. 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. You understand that the prices for menu items displayed through the Services may differ from the prices offered or published by Merchants for the same menu items, whether offered by the Merchant directly or on third-party websites. What Is Grubhub? A party may raise non-compliance with this Informal Dispute Resolution Procedure in court and/or in connection with the arbitration. The Partners shall establish accounts at Restaurant. The following applies to any Mobile Applications you acquire from the Google Play Store (Google-Sourced Software): (i) you acknowledge that the Agreement is solely between you and Grubhub only, and not with Google, Inc. (Google); (ii) your use of Google-Sourced Software must comply with Googles then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Grubhub, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Grubhubs Google-Sourced Software. 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). UNLESS BOTH YOU AND GRUBHUB OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONS CLAIMS (EXCEPT AS SET OUT IN SECTION VII BELOW), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. 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. You understand and consent that such messages may be sent using an automatic telephone dialing system. 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. 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. 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. Dispute shall have the broadest possible meaning. Code 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. Like Grubhub, they do restaurant delivery, with the ability to see restaurant menus from a variety of partner restaurants. IF YOU ARE DISSATISFIED WITH THE APP OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION. You'll earn delivery pay, which includes mileage and time, as well as 100% of the tips that customers leave. 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. 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. How do I apply? GRUBHUB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. This includes, but is not limited to: Indicating that you have delivered an order or orders when you have not; Unreasonably cancelling or otherwise failing to complete an order or orders that you accepted; Activities that result in repeated and/or serious complaint(s) from diners and/or restaurants who contact Grubhub to report your delivery services as incomplete, unsafe, unprofessional, or otherwise in violation of Grubhubs standards or harmful to Grubhubs reputation. 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. Of all the food delivery apps including Instacart, I've only been doing Grubhub for a few months. THE APP, THE MATERIALS AND ALL OTHER CONTENT ON THE APP ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To reiterate, this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. 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. All drivers must also be at least 19 years of age, but no previous delivery experience is required! Grubhub has fired their latest shot in their battle against order rejection. 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, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. [11] Enjoy $0 food delivery fees Sign in Offer limited to Prime members in the U.S. Offer limited to one per customer and account. 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. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. the best spot to find mouthwatering dishes. Grubhub expressly reserves its right to raise unique defenses as to each claimant in connection with this process. Join now for a 14-day free trial or get Grubhub+ for $9.99/month. 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 . Civ. Turn to Grubhub to have a single view of all of the restaurants that will deliver food in your area. 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. 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. If you require assistance, please call our Customer Care team at 1-877-585-7878. You may opt out of Grubhub driver-specific text messages by texting STOP in response to a Grubhub driver SMS. The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. In those instances, Grubhub is committed to working with you to reach a reasonable resolution; however, we can only do this if we know about and understand each others concerns. Regardless of the cause, Grubhub reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes. 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. 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. Partnering with delivery aggregators squeeze margins even tighter. 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. 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.
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