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grubhub delivery partner agreement

grubhub delivery partner agreement

Apr 09th 2023

Your Content includes, without limitation, your username and/or other user profile information such as your ratings history and how long you have been a Grubhub diner, textual, visual, or audio content and information, whether transmitted via the Platform, SMS or MMS message, or otherwise. This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior Agreement as well as claims that may arise after the termination of this Agreement. Please note, you are unable to complete checkout with only gift card information. You agree that you will review this Agreement periodically and check the Effective date in this Agreement to stay aware of any changes. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. 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. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after the arbitration award is entered. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. Turn to Grubhub to have a single view of all of the restaurants that will deliver food in your area. Deposit products provided by JPMorgan Chase Bank, N.A. 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. This individual shall be responsible for the daily operation of the Restaurant and shall be granted decision-making authority commensurate with such a position. 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 conflict of laws principles. Drivers are posting that they have received emails notifying them they were suspended for 30 . Amazon has the option to take a 2% stake in Grubhub (GRUB), with the possibility to acquire up to 15% if certain business performance conditions are met, according to an announcement from Grubhub . DoorDash also has the highest cash out fee at $ 1.99, compared to UberEats and Grubhub at 50 cents per cashout. 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. To unsubscribe from order-related messages, just reply "STOP" to the number sending the message. 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. 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. Grubhub delivery partners are independent contractors, not employees of Grubhub. You may opt out of Grubhub driver-specific text messages by texting STOP in response to a Grubhub driver SMS. All Uses will be made without notification to and/or approval by you and without the requirement of payment to you or any other person or entity. on our in-store kiosks, through our assisted phone ordering feature, or as a guest with our group order feature). Grubhub+ membership Learn about your membership benefits 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. Any waiver by Grubhub of any term of this Agreement must be in writing. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Enjoy $0 food delivery fees Sign in Offer limited to Prime members in the U.S. Offer limited to one per customer and account. Grubhub is the leader in food ordering and delivery, a.k.a. You understand and consent that such messages may be sent using an automatic telephone dialing system. Accordingly, and without limiting any of the provisions set forth in the Partner Agreement, by using the Platform, including the Driver App, you acknowledge and agree that you are permitted to use the information disclosed or otherwise made available to you, including without limitation diners data (e.g. 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. 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. The provider of Services is set forth herein. 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. If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if Grubhub has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, or if we believe that you have breached this Agreement, Grubhub has the right to immediately block your current or future use of the Platform and/or the Services (or any portion thereof) and/or terminate this Agreement with you. You can learn more about Google's practices at http://www.google.com/policies/privacy/partners. This delivery will be available at the University of North Dakota next semester CHICAGO and BERKELEY, Calif., Dec. 8, 2022 Grubhub, a leading food ordering and delivery marketplace, and Kiwibot, a leading last-mile robotic delivery company, announced today that they will provide robot delivery services on college campuses across the United States. 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. ), and/or all Uses of your User Content by Grubhub and/or any third party authorized by Grubhub. This service delivery agreement shall be governed by the laws of [Sender.State]. Delivery partners must have a valid driver's license and minimum auto insurance. For example, the same menu item may be available at both the existing merchant and Grubhubs white label convenience, but the price on the existing merchant's menu may be higher than the price on Grubhubs white label convenience menu. 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 are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. 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. If the arbitrator finds that either the substance of a claim or the relief sought in a Demand for Arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the arbitrator may award attorneys fees, costs and expenses in favor of a party. To revoke your consent to receiving SMS or MMS messages from Grubhub, you agree to follow the unsubscribe procedures described below. 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. Add your business' information or feel free to modify any of its content. Some jurisdictions permit the ordering and delivery of alcoholic beverages. For more information on these offers, please see the Perks section below. 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. Therefore, for any Dispute that arises between you and Grubhub, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Like Grubhub, they do restaurant delivery, with the ability to see restaurant menus from a variety of partner restaurants. The Federal Arbitration Act will govern the interpretation and enforcement of the Dispute Resolution section. Notwithstanding the foregoing, you are not authorized to use the Platform or otherwise access the Services if you are under the age of 16. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. Also, each party retains the right to (1) elect (at any time prior to the appointment of an arbitrator) to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of such courts jurisdiction, provided the proceeding remains in small claims court and is not removed or appealed to a court of general jurisdiction, and (2) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other confidential or proprietary information or intellectual property rights. Grubhub reserves the right to deactivate your access to the Driver App if your service falls below the industry standard for like services in your region, as determined by Grubhub in its good faith discretion. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. You'll earn delivery pay, which includes mileage and time, as well as 100% of the tips that customers leave. Because with Grubhub: Click, click, food! Please send this notification to our copyright agent at: Grubhub Holdings Inc., Attention: Copyright Agent, 5 Bryant Park, 15th Floor, New York, NY 10018. The commercial agreement with Amazon constitutes a Class 2 transaction under the UK Financial Conduct Authority Listing Rules. 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. 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"). Please upgrade to the latest version of the Mobile Applications in order to view the most up-to-date information on the Platform regarding Merchants featured on the Mobile Applications. We'll deliver packages to your business every day and you and your staff will deliver those packages to customers' homes. 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). 512 (DMCA): Please send this notification to our copyright agent at: Grubhub Holdings Inc., Attention: Copyright Agent, 111 West Washington Street, Suite 2100, Chicago, Illinois 60602. Gonna be tons of downsides to the app either way it's sliced though and that's just the way that it has to be, but I think Grubhub is the only app on the market right now that shows the . 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. The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference. Dispute shall have the broadest possible meaning. Prices may vary between the existing Merchant menu and the Grubhub white label convenience menu. 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). 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. Please contact your mobile phone carrier for details. Grubhub is not a restaurant or food preparation entity. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GRUBHUB EACH WAIVE THE RIGHT TO A TRIAL BY JURY. 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. the best spot to find mouthwatering dishes. 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 may also opt out of certain Grubhub driver-specific email communications by following the unsubscribe link at the bottom of a Grubhub driver-related email. Grubhub: As one of the largest third-party delivery services in the United States, Grubhub is offered in most major cities. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. This allows Grubhub to promptly offer the order to another driver. 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. By purchasing or using a Grubhub membership subscription service (including Grubhub+ and Seamless+), you agree to this Agreement and the additional Membership Terms of Use. Submit your application, drivers license and insurance. For any Dispute that Grubhub raises, we will send our written description of the Dispute to the email address associated with your account. Use the fields below to e-sign this template. Grubhub is an online food delivery service based in the US. 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. Please continue to follow the guidance of your public health authorities. Welcome! 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. Grubhubs white label convenience menus source products from select third party providers, including existing Merchants on the Grubhub Platform. The Partners shall establish accounts at Restaurant. Such Ratings and Reviews are considered Your Content and are governed by the terms and conditions of this Agreement. The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. You agree that Your Content will not: We do our best to encourage civility and discourage disruptive communication on the Platform. "Delivery Service Fee" means a Fee paid by Merchant to Noon Food in consideration for the use of the Noon Food Delivery Services. 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. The Merchants available on our Platform operate independently of Grubhub. If you believe that your copyrighted work has been copied and is accessible on the Platform or a website through which our Services may be accessed in a way that constitutes copyright infringement, please provide Grubhub's Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Once your background check clears and you sign your delivery partner agreement, you'll be able . Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Platform may be removed or excluded by us without notice. 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. You are responsible for all of Your Content. Sponsored: On average, every 1,000 miles tracked reduces your tax bill by $150. Most food delivery companies have similar rules and parameters for drivers. Grubhub does not review, monitor, operate and/or control the Third Party Websites and Grubhub makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content, products or services available on or through and/or the functioning of the Third Party Websites. 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. This Mutual Arbitration Agreement is intended to be broadly interpreted. Why am I on a waitlist? You agree to cooperate in good faith with Grubhub and the arbitration provider to implement such a batch approach or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. Order food and get exclusive Perks, unlimited free delivery from restaurants nearby and access to premium Grubhub features. As part of their contractual agreement, third-party food delivery services retain all customer data. Centerview Partners (Financial adviser to Grubhub) +1 212 380 2650. 512(c), but do not constitute legal advice. 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. Offer is non-transferable and may not be resold. 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. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. 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. 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! We may change this Agreement from time to time and without prior notice to you. Can I sign up to deliver using my bicycle? You may order food through the Platform to be delivered from particular merchants, including their authorized licensees and franchisees, or other purveyors of food in cities throughout the United States and other territories where Grubhub provides such Services (collectively, the Merchants). It's easily downloadable on any of your devices using various file formats. Any other use of the Platform is strictly prohibited. All such Additional Terms are hereby incorporated into this Agreement by reference. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) about how Grubhub is prioritizing the health and safety of delivery partners. Please contact your mobile phone carrier for details. 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.

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