Grubhub may provide you with the option to purchase e-gift cards in connection with your use of the Platform. While Maloney griped about competition, DA Davidson . Partnering with delivery aggregators squeeze margins even tighter. 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. Grubhub does not endorse Delivery Partners Ratings or Reviews, and does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. IN NO EVENT SHALL GRUBHUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED IN THE AGGREGATE (A) THE AMOUNT PAID BY YOU TO GRUBHUB OR A MERCHANT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). Submit your application, drivers license and insurance. GRUBHUB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 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. This Mutual Arbitration Agreement is intended to be broadly interpreted. You further understand and agree that you may be exposed to third-party content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. 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. I. 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. This Agreement binds and inures to the benefit of each party and the partys successors and permitted assigns. Grubhub is an online food delivery service based in the US. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND GRUBHUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 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. - 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 must have a valid driver's license and minimum auto insurance. The contract is entered into as of [Contract.CreatedDate] and shall remain in effect until [Contract.ExpirationDate] unless cancelled pursuant to the terms listed below. The Merchants available on our Platform operate independently of Grubhub. 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. With over 300,000 restaurants on the app, customers have a ton of optionswhich means you have a ton of opportunities to make money. 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. 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. to comply with the Agreement and all applicable laws, rules and regulations in connection with your use of the Platform and Services, including, without limitation, laws regarding online conduct and Your Content (as defined below); not to use the Platform or Services for any commercial or other purposes that are not expressly permitted by this Agreement or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us; not to access the Platform or Services using a third party's account/registration without the express consent of the Account holder and not to attempt to impersonate another user or person; not to avoid, bypass, remove, deactivate, impair, descramble, or attempt, through any means, to circumvent any technological measure implemented by Grubhub to protect the Platform, or otherwise attempt to gain unauthorized access to any part of the Platform and/or any Service, other Account, computer system, and/or network connected to any Grubhub server; not to use the Platform or Services in any manner that could damage, disable, overburden, and/or impair the Platform, any Grubhub server, or the network(s) connected to any Grubhub server, and/or interfere with any other party's use and enjoyment of the Platform; not to advertise to, or solicit, any user, Merchant, or other business to buy or sell any products or services, or use any information obtained from the Platform or the Services in order to contact, solicit, or advertise or sell to any user, Merchant, or other business, in each case, unless specifically authorized in writing by Grubhub; not to deep-link to or frame the Platform and/or access the Platform manually and/or with any robot, spider, web crawler, extraction software, automated process, and/or device or other means to scrape, copy, and/or monitor any portion of the Platform and/or any Materials and/or other content on the Platform, unless specifically authorized in writing by Grubhub; not to conduct any scraping, indexing, surveying, data mining, or any other kind of systematic retrieval of data or other content from the Platform; not to create or compile, directly or indirectly, any collection, compilation, database, or directory from the Platform or Materials; not to create Merchant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform; not to copy, publish, or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers; not to harass, annoy, intimidate, threaten or engage in any racist, sexist, or other behavior that Grubhub finds objectionable to any Grubhub employees, contractors, or agents engaged in providing any portion of the Services and not to engage in any other behavior that Grubhub deems inappropriate when using the Platform or Services; not to engage in any criminal or tortious activity, including, without limitation, fraud, spamming (e.g. Grubhub respects the intellectual property of others, and we ask all of our users to do the same. 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. Grubhub respects the intellectual property of others, and we ask all of our users to do the same. None of the Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. 10.3 Upon termination of these Delivery Partner T&C and the Agreement, the Delivery Partner shall return the assets, within 24 hours from the Termination Date. Just Eat Takeaway.com to combine with Grubhub to create a leading global online food delivery player . pick-up and delivery partners (" PDP ") who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the . Grubhub reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice. ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE DISPUTE. You may terminate this Agreement at any time by closing your Account, uninstalling all Mobile Application(s) (if applicable) and ceasing use of the Platform and Services provided herein. It's easy and convenient. GRUBHUB, DINER, RESTAURANT AND OTHER COMMUNICATIONS. We may change this Agreement from time to time and without prior notice to you. It's also likely a blow for Grubhub, once Taco Bell's exclusive delivery partner after that 2018 agreement, which also included Yum Brands' KFC system. This Batch Arbitrations provision shall in no way be interpreted as authorizing class arbitration of any kind. DoorDash also has the highest cash out fee at $ 1.99, compared to UberEats and Grubhub at 50 cents per cashout. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. You and Grubhub acknowledge and agree that Apple, and Apples subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary as it relates to your license of the Apple-Sourced Software. 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. 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. You may opt out of Grubhub driver-specific text messages by texting STOP in response to a Grubhub driver SMS. Grubhub is not a restaurant or food preparation entity. Any waiver by Grubhub of any provision of this Agreement must be in writing. Using contact-free delivery, supporting local restaurants & COVID-19's impact Billing, payments & refunds Check your refund status, update billing & payment info, etc. Access support when you need it. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. 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. The clause always begins with the word WHILE. 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. NAME YOUR PRICE When you sign up with Grubhub, you can choose your level and unlock industry-leading tools to help your restaurant drive success with a 30-day risk-free trial: Basic The Federal Arbitration Act will govern the interpretation and enforcement of the Dispute Resolution section. 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). If you do not agree, do not access and/or use the Platform or Services. In addition to posting the Updated Terms, we may elect to provide additional notice to you of the Updated Terms, such as by sending an email to you or providing a notice through the Platform and/or Services. When you provide your phone number to Grubhub, you warrant that you are the current subscriber or authorized user of the relevant account. 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. By accessing the Platform, you agree and acknowledge that Delivery Partners are solely responsible for, and Grubhub shall not be liable or responsible for, the delivery services provided to you by any Delivery Partner or any subcontractors of Delivery Partners, or any acts, omissions, errors or misrepresentations made by any Delivery Partner. This individual shall be responsible for the daily operation of the Restaurant and shall be granted decision-making authority commensurate with such a position. 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. This service delivery agreement shall be governed by the laws of [Sender.State]. 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. 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. AMSTERDAM, June 15, 2021 /PRNewswire/ -- The Transaction represents Just Eat Takeaway.com's entry into online food delivery in the United States and builds on the strategic rationale for the . Civ. When placing orders through the Platform, you may receive order status messages from Grubhub about each order. In accordance with the DMCA and other applicable law, Grubhub has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. You agree to keep your contact information, including email address, current. 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"). Grubhub is not liable or responsible for Merchants' food preparation or safety and does not verify their compliance with all applicable laws. YOU (AND NOT GRUBHUB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP. You are responsible for maintaining the confidentiality and security of your Account and password, and for all activities and any other actions that occur under or are taken in connection with your password or Account. 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. Grubhub shares dropped a stomach-churning 43 percent to end the day at $33.11 after hitting intraday lows not seen in more than three years. Grubhub also makes physical gift cards available for purchase. 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. Postmates is a delivery service that promises to be able to deliver just about anything. 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. Grubhub publicly released the letter they sent to shareholders, in which they estimate delivery is a $200 billion industry in the U.S. 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). How to use Grubhub Details about account set up & updates Grubhub Guarantee Lowest prices and on-time delivery, guaranteed. Make money on your own terms and start earning with Grubhub.*. 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. Can I apply to deliver in more than one market? YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. If your Account is terminated for any or no reason, you may forfeit any pending, current, or future account credits, Perks (defined below) or other promotional offers, and any other forms of unredeemed value in or associated with your Account without prior notice to you. Grubhubs white label convenience menus source products from select third party providers, including existing Merchants on the Grubhub Platform. Delivery Partners are not actual agents, apparent agents, ostensible agents, or employees of Grubhub in any way. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Grubhub will reimburse as much of the filing, administration, and/or arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you.
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