grubhub delivery partner agreement
In the event that Grubhub believes that you have breached any of the above conduct requirements, Grubhub reserves the right to suspend and/or permanently terminate your Account at our sole discretion. 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. 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. 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. New NYC Bill Would Force Restaurant Aggregators Hand Over Customer Data Your voluntary provision to Grubhub of your cell phone number represents your consent that Grubhub may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES. Grubhub for Restaurants Policies | Grubhub for Restaurants If any of Your Content or conduct on our Platform violates our standards, or any other terms of this Agreement; or interferes with other peoples' enjoyment of the Materials or our Platform or Services; or is inappropriate in our judgment; we reserve the right, in our sole discretion and without notice to you, (i) to change, delete or remove, in part or in full, any of Your Content, (ii) to terminate or suspend access to any Interactive Areas or any other part of our Platform, and/or (iii) to terminate or suspend your Account; in each case, with or without notice. It's as easy as signing up with your email and typing in your address. . 512(c), but do not constitute legal advice. is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Driver App, or the related Sites or other websites. 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. 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. Because with Grubhub: Click, click, food! The company writes that "listing restaurants on platforms. 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. The arbitrator's award of damages and/or other relief must be consistent with section III above and also must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. 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). 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. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 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). 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. 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. 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. We may make available software to access Grubhubs websites, technology platforms, and related online and mobile services via a mobile device (Mobile Applications). 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. WHEREAS the Client wishes to engage the Provider as a food . If you require assistance, please call our Customer Care team at 1-877-585-7878. Zomato This subparagraph does not affect your statutory rights. You may unsubscribe from receiving text messages from Grubhub at any time. You may also receive text messages in response to certain Customer Care requests. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTYS CLAIM. Those who wish to partner with Grubhub using a Car must: Have an original, valid driver's license If 19 years old or more: 2 years' valid license If 18 years old: at least 1 year valid license Have auto insurance Those who wish to partner with Grubhub using a Bicycle must have ONE of the following: Original, Valid state ID Grubhub: Food Delivery - Apps on Google Play 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). So signing the delivery partner agreement with grubhub pretty much By continuing to access and/or use the Driver App after we post Updated Terms, you agree to the Updated Terms. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. 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. As used in this Agreement, you means any visitor, user, or other person who accesses our Platform or Services, whether or not such person registered for an Account (as defined below). In such jurisdictions, if you place an order that includes any alcoholic beverage, you represent and warrant that you are at least 21 years of age. 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. Swiggy enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. 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. Any other use of the Platform is strictly prohibited. If you do not agree, do not use the Driver App. 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). 6 Grubhub Alternatives Worth Trying | Ridester Blog The Driver App may allow you to rate and post reviews of Restaurants and other businesses (each a Rating or Review). IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM GRUBHUB AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. 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. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Grubhub will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with Your Content. To revoke your consent to receiving SMS or MMS messages from Grubhub, you agree to follow the unsubscribe procedures described below. Some jurisdictions permit the ordering and delivery of alcoholic beverages. length of this agreement, B) Agree to a 15% discount on the total food order, (sales taxes shall be. If you pay any amounts with a credit card, Grubhub may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Ex-99.1 - Sec You and Grubhub agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of this Agreement or payments by or to Grubhub, or that in any way relate to your use of the Platform, the Materials, the Services, and/or other content on the Platform, your relationship with Grubhub, or any other dispute with Grubhub, (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (each, a Dispute) shall be submitted exclusively to binding arbitration. The preceding requirements are intended to comply with Grubhubs rights and obligations under the DMCA, including 17 U.S.C. 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"). All such Additional Terms are hereby incorporated into this Agreement by reference. This Mutual Arbitration Agreement is intended to be broadly interpreted. Why Uber Eats and GrubHub partnerships are risky for restaurants - CNNMoney To opt out, you must notify Grubhub in writing no later than 30 days after first becoming subject to this Mutual Arbitration Agreement. "Delivery Service Fee" means a Fee paid by Merchant to Noon Food in consideration for the use of the Noon Food Delivery Services. Using contact-free delivery, supporting local restaurants & COVID-19's impact Billing, payments & refunds Check your refund status, update billing & payment info, etc. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. The foregoing Governing Law and Venue provisions do not apply to the Dispute Resolution section, and we refer you to that section for the applicable provisions for such disputes. Antitrust Concerns in the Food Delivery Industry during the Pandemic Once your background check clears and you sign your delivery partner agreement, you can enter your details including bank info into the DoorDash app to make sure you're able to get paid. You'll earn delivery pay, which includes mileage and time, as well as 100% of the tips that customers leave. Civ. Ratings and Reviews are not endorsed by Grubhub, and do not represent the views of Grubhub or of any affiliate or partner of Grubhub. Grubhub will continue to honor any valid opt outs if you opted out of the Arbitration Agreement in a prior version of the Agreement. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. 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. 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. By signing below, both parties hereby enter into this service delivery agreement with one another as of the date of this agreement. Enter into a delivery service partnership with our ready-made Restaurant Delivery Service Agreement template. This Batch Arbitrations provision shall in no way be interpreted as authorizing class arbitration of any kind. Grubhub's New Strategy Is to Be an Even Worse Partner to Restaurants 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. 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. As a delivery partner with Grubhub, you agree to maintain a certain level of quality of service in order to continue using the Platform and having access to Grubhubs network of restaurants and diners. 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. The arbitration will be administered by the American Arbitration Association ("AAA"). Grubhub+ membership Learn about your membership benefits With over 300,000 restaurants on the app, customers have a ton of optionswhich means you have a ton of opportunities to make money. Amazon steps back into restaurant delivery in the US - TechCrunch EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE IS TO DISCONTINUE USING THE PLATFORM AND SERVICES, WHICH YOU MAY DO AT ANY TIME. You and Grubhub then agree to negotiate in good faith about the Dispute. Don't waste one more second of your time. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. Australia: 1800-717-576. Grubhhub 30 Day Suspensions - What Now? - EntreCourier We also do our best to discourage communications that incite others to violate our standards. 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. 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. This food delivery platform connects diners to their favorite restaurants in their area. With all that said, let's take a look at each of the apps. Except for the Dispute Resolution section below, the terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice or conflict of laws principles. Please be advised that Grubhub enforces its intellectual property rights to the fullest extent of the law. Food Delivery | Restaurant Takeout | Order Food Online | Grubhub GRUBHUB TERMINATED MY DELIVERY PARTNER AGREEMENT AFTER - youtube.com Unless otherwise agreed by Grubhub in a separate written agreement with you or your authorized representative, the Platform is made available solely for your personal, non-commercial use. 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. Uber Eats accused of using new contract to exploit Australian delivery You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. ), and/or all Uses of your User Content by Grubhub and/or any third party authorized by Grubhub. Member FDIC, You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. diners names, phone numbers, email, and physical addresses) and any other information subject to applicable privacy and/or data security laws, rules or regulations (collectively, Diner Data), transaction logs and other Materials (as defined below), solely for the purpose of providing the Services. When you provide your phone number to Grubhub, you warrant that you are the current subscriber or authorized user of the relevant account. To unsubscribe from Customer Care messages, just reply to the message by texting STOP to the number sending the message. The. 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. The following applies to any Mobile Application you acquire from the Apple App Store (Apple-Sourced Software): You acknowledge and agree that this Agreement is solely between you and Grubhub, not Apple, Inc. (Apple) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. How do I apply? Driver Paused with no explanation, no reply from GRUBHUB. 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. Grubhub publicly released the letter they sent to shareholders, in which they estimate delivery is a $200 billion industry in the U.S. Learn more about how Grubhub is prioritizing the health and safety of delivery partners. You must send your opt-out notice to: disputeresolution@grubhub.com. Partner Referral | Grubhub Delivery Driver | Apply now! Any other use of the Materials is strictly prohibited. Amazon takes stake in Grubhub, adds food delivery perks to Prime - CNBC 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 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. Members also enjoy a donation match on Grubhub+ orders through Grubhub's Donate the Change program, which raised more than $25 million in 2021 alone, benefiting more than 20 charitable organizations. We expect your cooperation in upholding our standards. It means that by accessing and/or using the Driver App, you agree to all the terms and conditions of our Agreement. Partnering with Food Delivery Services 1. You agree to be professional at all times in all communications with any Diner and/or Restaurant. Grubhub delivery partners are independent contractors, not employees of Grubhub. Amazon on Wednesday agreed to take a stake in Grubhub as part of a deal that will also give members of its Prime subscription program a one-year membership to the food delivery service. You also agree to comply with any written requests from Diners or Grubhub to delete Diners Data. 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. 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. To ensure safety in your community, we default customers to contact-free deliveries and recommend that all delivery partners take proactive measures. These Terms of Use, taken together with the Delivery Service Provider Agreement or Delivery Partner Agreement (the Partner Agreement) you have entered into with Grubhub Holdings Inc. or its subsidiaries and affiliates, constitute a contract between you and us (collectively, the Agreement) and govern your access to and use of the Platform. the best spot to find mouthwatering dishes. There might be instances when a Dispute (as defined below) arises between you and Grubhub.