Grubhub will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with Your Content. Any Rating and/or Review that we determine, in our sole, good faith discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Driver App may be removed or excluded by us without notice. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST GRUBHUB, WHETHER NOW PENDING OR FILED IN THE FUTURE. Grubhub hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Account on a mobile device owned or leased solely by you, for your personal use. Join now for a 14-day free trial or get Grubhub+ for $9.99/month. There might be instances when a Dispute (as defined below) arises between you and Grubhub. To resubscribe, text START to the same number from the phone number associated with your account. 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 . 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. Code 1798.100 et seq. IMPORTANT: PLEASE REVIEW THE DISPUTE RESOLUTION SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GRUBHUB, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION. 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. Further, you hereby grant Grubhub a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to incorporate and use any of your suggestions, input, or other feedback relating to the Platform or the Services (collectively, the Feedback) for any purpose without notice to, approval by, or compensation to you. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein. Grubhubs updates to this Agreement do not provide you with a new opportunity to opt out of the Mutual Arbitration Agreement if you previously agreed to an Agreement and did not validly opt out of arbitration. What's in it for you Before you start delivering, please read these terms of use carefully, including the Privacy Policy incorporated herein. If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Platform, and your parent or legal guardian must read and agree to this Agreement on your behalf prior to your using the Platform. The On-Time Delivery Guarantee offers claimants GHG Perks in connection with eligible online delivery orders that are delivered late. 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. If an order has been prepared but requires remaking due to a late pickup, restaurants are empowered to remake an order and contact Grubhub for a credit. 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). The company relies on user reviews to improve the delivery experience. Delivery partners must have a valid driver's license and minimum auto insurance. If any Mobile Application is being acquired on behalf of the United States Government, then the following provision applies: The Mobile Application will be deemed to be commercial computer software and commercial computer software documentation, respectively, pursuant to DFAR 227.7202 and FAR 12.212, as applicable. 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. What Is Grubhub? DoorDash also has the highest cash out fee at $ 1.99, compared to UberEats and Grubhub at 50 cents per cashout. Member FDIC. 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. Grubhub expressly reserves its right to raise unique defenses as to each claimant in connection with this process. 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. Already a DoorDash merchant? Place your order from two hours to four days in advance for food delivered right when you know you'll need it. 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. 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"). 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. The arbitration will be administered by the American Arbitration Association ("AAA"). With all that said, let's take a look at each of the apps. For any Dispute that Grubhub raises, we will send our written description of the Dispute to the email address associated with your account. Any other use of the Materials is strictly prohibited. Any purported assignment by you in violation of this section shall be null and void. Published: February 6, 2020 - Last updated: July 11, 2022. THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THIS DISPUTE RESOLUTION SECTION, AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR GRUBHUB IS ENTITLED TO ARBITRATION OF SUCH CLAIM OR DISPUTE. 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. TODC invests time and expenses and provides certain services related to promoting and managing (i) a restaurant's food and beverage products on online delivery and other virtual platforms including without limitation UberEats, Door Dash, GrubHub and Postmates (including in each case, their respective affiliates) (collectively, the "Online . Restaurants pay the services 15% to 30% fees for each order customers place through their platform. 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. The arbitrator will render an award within the time frame specified in the applicable AAA Rules. The arbitration will be conducted by a single arbitrator. By providing access to Third Party Websites, Grubhub is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. 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. Grubhub is the leader in food ordering and delivery, a.k.a. You agree to keep your contact information, including email address, current. You also agree to comply with any written requests from Diners or Grubhub to delete Diners Data. 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. Please be advised that Grubhub enforces its intellectual property rights to the fullest extent of the law. 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. If you unsubscribe from receiving text messages from Grubhub through the process described above, you may continue to receive text messages for a short period while Grubhub processes your request(s). YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION VII BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF. by email or instant message), sending of viruses or other harmful files, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets or otherwise deleting the copyright or other proprietary rights notice from any of the Materials or from any portion of the Platform or the Services; not to rent, lease, redistribute, sell, sublicense, decompile, reverse engineer, disassemble, or otherwise reduce the Platform and/or the Materials, in whole or in part, to a human-perceivable form for any purpose, including, without limitation, to build a product and/or service competitive with the Platform and its Services; and. Get it now! 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. To the extent that any of these terms explicitly conflict with your Partner Agreement, the language of the Partner Agreement will control. You acknowledge that Grubhub may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of any Mobile Applications that you are using on your mobile device. GRUBHUB DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE PLATFORM WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE PLATFORM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Bank for the Restaurant's financial needs. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. be unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically, and/or otherwise objectionable; have a commercial, political, or religious purpose; be false, misleading, and/or not written in good faith; infringe any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity; be illegal and/or promote illegal activity; contain confidential information belonging to a third party; contain unauthorized advertising and/or solicits users to a business other than those on the Platform; and/or. on our in-store kiosks, through our assisted phone ordering feature, or as a guest with our group order feature). Grubhub reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform, including the Driver App, and/or services offered on or through the Platform (or any part thereof), including but not limited to the Driver Apps features, look and feel, and functional elements and related services. [11] 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. 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. You also understand that such prices may not be the lowest prices at which the menu items are sold. Were so happy youre here, and we can't wait to deliver you food happiness, but before you use our Platform, please read these Terms of Use (the Agreement) carefully. Grubhub respects the intellectual property of others, and we ask all of our users to do the same. Of all the food delivery apps including Instacart, I've only been doing Grubhub for a few months. It means that by accessing and/or using the Driver App, you agree to all the terms and conditions of our Agreement. Grubhub may provide you with one or more prepaid cards for the purpose of paying for orders at restaurants (a Payment Card). 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). The terms and conditions stated on the physical card apply. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. Grubhub is not a delivery company or a common carrier. We also do our best to discourage communications that incite others to violate our standards. 512: A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works; Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites; Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address; A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and. GRUBHUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF THE FOOD OR OTHER PRODUCTS ORDERED ON THE SITES. Centerview Partners (Financial adviser to Grubhub) +1 212 380 2650.
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