grubhub delivery partner agreement grubhub delivery partner agreement

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. 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. GRUBHUB, DINER, RESTAURANT AND OTHER COMMUNICATIONS. The arbitration will be administered by the American Arbitration Association ("AAA"). Further, you agree that the consequences of commercial use or re-publication of Your Content (defined below) or Materials from the Platform or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that Grubhub will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages. Upon termination of this Agreement for any reason or no reason: (1) your access rights will terminate and you must immediately cease all use of the Platform and Services; and (2) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement, including without limitation the following sections: (i) Your Content and Conduct; (ii) Disclaimer; (iii) Limitation of Liability; (iv) Important Note to New Jersey Consumers; (v) Termination and Violations of this Agreement; (vi) Dispute Resolution; (vii) Indemnification and (viii) Waiver and Severability.. 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. Grubhubs white label convenience menus source products from select third party providers, including existing Merchants on the Grubhub Platform. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GRUBHUB DISCLAIMS, WITH RESPECT TO THE SERVICES, THE PLATFORM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. With more than 30,000 restaurants in 500+ cities, food delivery or takeout is just a click away. pick-up and delivery partners (" PDP ") who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the . Please contact your mobile phone carrier for details. 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. Grubhub respects the intellectual property of others, and we ask all of our users to do the same. If you do not agree, do not access and/or use the Platform or Services. The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. (the CCPA), in the performance of your obligations pursuant to the Agreement. All such Additional Terms are hereby incorporated into this Agreement by reference. 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. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS. There might be instances when a Dispute (as defined below) arises between you and Grubhub. Delivery partners must have a valid driver's license and minimum auto insurance. 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. 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 Platform; 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 or its agent, or is not otherwise permitted under the law; and. 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. It's now a household name, and it's always on the lookout for new delivery drivers. 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. 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. If you need assistance, text HELP. 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. Restaurants pay the services 15% to 30% fees for each order customers place through their platform. * *Grubhub Delivery Only Processing Orders for Grubhub Diners 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. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account to the following email address: disputeresolution@grubhub.com. Access support when you need it. 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. Zomato Delivery Boy Agreement April 20, 2022 In any contract/agreement, it is important to know how and why such a contract was concluded. Grubhub does not warrant that any Mobile Application will be compatible with your mobile device. Access learning materials covering topics like the app, scheduling, picking up orders and more. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings, photographs and/or other materials and/or content that you submit, upload, post, publish, and/or otherwise make available to Grubhub through the Platform or otherwise in connection with your use of our Services, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third party login (Your Content). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. You will not use the Driver App for any illegal purposes. 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. In jurisdictions that permit the ordering and delivery of alcoholic beverages, if you deliver an order that includes any alcoholic beverage, you acknowledge that you have a responsibility, upon delivery, to examine a government-issued identification card of the recipient and confirm that: (i) the recipient is at least 21 years of age; (ii) the individuals name matches the name on the order; and (iii) the recipient does not appear intoxicated. Any other use of the Platform is strictly prohibited. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Platform. Supplemental delivery Use our drivers to reach customers outside the range of your own delivery team. All such Additional Terms are hereby incorporated into this Agreement by reference. 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. Use the fields below to e-sign this template. It doesn't get easier than scrolling on a computer, tablet, or smartphone and clicking a button to get food delivered. For more information on these offers, please see the Perks section 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. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION. 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. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. 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. This includes first sending a written description of the Dispute to the other party. 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 . Grubhub is not a restaurant or food preparation entity. 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. 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. You agree that Your Content will not: We do our best to encourage civility and discourage disruptive communication on the Platform. 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. 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. The app features over 300,000 restaurant partners located in 4,000 different US cities. 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 Platform and/or Services from a particular Account, device and/or IP address. By continuing to access and/or use the Driver App after we post Updated Terms, you agree to the Updated Terms. Please also be advised that Grubhub enforces its intellectual property rights to the fullest extent of the law. Except as otherwise provided in this Agreement (see Dispute Resolution section III), if any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible. Some jurisdictions permit the ordering and delivery of alcoholic beverages. By continuing to access and/or use the Platform and/or Services after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Platform and/or accessing the Services. You understand and agree that such messages may be sent using automated technology. 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. 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. This is where 1 year of delivery driving gets you. If you have any questions regarding this Agreement or the Platform, please visit our "Help" page for answers and our contact information. When placing orders through the Platform, you may receive order status messages from Grubhub about each order. 1. 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. Additionally, you agree to follow the standards of conduct below, and any additional standards that may be communicated to you from time to time. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. 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. - 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. Delivery Partners are auto-assigned to orders by Grubhub. What Is Grubhub? You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third partys intellectual property rights, Grubhub, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. 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! Informal Dispute Resolution Procedure. 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). 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 order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. Grubhub Delivery Let us deliver your food for you with our fleet of professional drivers. Grubhub may also in its sole discretion limit access to the Platform, the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. THE PLATFORM, THE SERVICES, THE MATERIALS, AND ALL OTHER CONTENT ON THE PLATFORM ARE PROVIDED "AS IS" AND AS AVAILABLE AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age, consistent with applicable legal requirements. *If you are looking to deliver outside the New York or New Jersey area please, Deposit products provided by JPMorgan Chase Bank, N.A. calculated at full value if required), C) Agree to provide refunds of products that are the result of poor quality or. 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. The new contract, sent out on Wednesday and seen by Guardian Australia, stated drivers who signed the agreement were self-employed contractors and there was no "employment relationship between. Use of the Driver App requires that you register and/or create an account (Account) by providing certain personal information. By participating in perks, which includes all promotions, discounts, coupons or loyalty programs available on the Platform (collectively, Perks), you agree to this Agreement and the additional Perks Terms of Use. [11] Centerview Partners (Financial adviser to Grubhub) +1 212 380 2650. The subscription service offers subscribers a $0 delivery fee and reduces other fees on orders of at least $12 from a DashPass eligible restaurant. Code 1798.100 et seq. 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. 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"). "It is a very large expense. If we make a change to this Agreement, it will be effective as soon as we post it and the most current version of this Agreement will always be posted under the "Terms of Use" link available on our Platform ("Updated Terms"). 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. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from Grubhub, the Merchant, or your delivery person regarding your order or its delivery unless you also text "STOP" to the number sending the order-related messages, and even in such event, you may still receive individual texts from the Merchant or your delivery person to enable successful delivery of your order. You also agree to comply with any written requests from Diners or Grubhub to delete Diners Data. You also understand that you will need to contact the Merchant separately if you have any questions regarding your participation in their promotional or loyalty program and/or cancellation of your account with them directly. The Partners agree to designate a hired individual as a general manager for the Restaurant. 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Were excited to partner with you to deliver food happiness to diners. Grubhub is an online food delivery service based in the US. DoorDash also has the highest cash out fee at $ 1.99, compared to UberEats and Grubhub at 50 cents per cashout. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein. 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.